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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.04.30 2015노1073
존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts - The Defendant found C as the victim’s house due to the termination of joint and several sureties for the victim C, who is the head of F, who is the spouse of F. The victim C did not leave his room, thereby leading the victim C to the room.

However, the mother victim D, who prevents the defendant, did not inflict any injury, such as the defendant's drinking D, or facing with the wall, in which the defendant was not injured.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below and the court below's judgment on the assertion of mistake of facts, namely, ① the victim D's statement is considerably specific and consistent with the circumstances of the injury case in this case, ② the victim victim C's statement is consistent with this, ② the defendant expressed the victim that "the victim would die or die," and the victim's statement was taken into the victim's house by telephone, ② the defendant was accompanied by the current assistant locking device, and the victim's request was taken into the victim's house, it seems that there was sufficient intention to inflict injury on the victim D, ③ the victims reported to the police immediately after the crime in this case, ③ the victims reported it to the police, and the contents of the report stated that "the victim was "the victim when the victim was injured", ④ the F's statement to the effect that the victim was in excess of the victim's own interest is difficult due to the above joint and several surety problems, and there is no sufficient reason to recognize the defendant's injury to the victim as the victim.

B. The defendant's judgment on the assertion of unfair sentencing is a violent crime.

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