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(영문) 서울북부지방법원 2019.02.15 2018노1357
상해
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the party deliberation shall be borne by the defendant.

The Criminal Procedure Act.

Reasons

1. Summary of grounds for appeal;

A. At the time of mistake of facts, the Defendant merely obstructed the victim from threateninging the victim with stick and bringing documents, such as a letter of delegation of accusation, etc., to the victim, and there is no fact that the victim's chest was sealed or satis as soon as possible, such as criminal facts.

Nevertheless, there is an error of misunderstanding of facts in the judgment of the court below which found the defendant guilty.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and examined by the court below and the court below as to the assertion of mistake of facts, the defendant can be sufficiently recognized that the defendant inflicted an injury on the victim by assaulting the victim's chest with stick to the victim's right hand hand hand over, etc., and assaulting the victim's right hand over two weeks of treatment.

Therefore, the defendant's assertion of mistake is without merit.

The victim D consistently stated in the investigative agency and the court of the trial that “A while having a dispute over the defendant and the bank, the defendant was inflicted an injury by assaulting the victim’s chest due to stick and assaulting the victim’s right hand hand and stop.”

The contents of the victim's statement are specific to the extent that it is difficult to make statements without experience, and the victim has no motive to specifically dismiss the defendant.

B. Hdo investigative agency, a member of the Cbank, who had observed the instant crime, stated that “The Defendant threatened the victim with whom he/she seems to be prone while having a dispute with the victim and documents and asked the victim’s losses to the effect that he/she committed the instant crime.” The contents of the statement correspond to the main part of the criminal facts.

However, H is the first statement to an investigative agency.

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