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(영문) 수원지방법원 2018.12.21 2018노5568
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the defendant, only caused the victim's arms to be sweaked, but did not inflict an injury on the victim as stated in the judgment of the court below.

또 한 피고인이 피해자의 손목 부위를 손톱으로 할퀸 사실이 없고 설령 그것이 사실이라고 하더라도 피해 자가 피고인의 수건을 빼앗으려 다가 우발적으로 발생한 것에 불과 하여 상해의 고의가 없음에도 불구하고, 이와 다른 전제에서 피고인에게 유죄를 선고한 원심판결은 사실을 오인하거나 법리를 오해한 위법이 있다.

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

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant suffered an injury to the victim as stated in its reasoning in the lower court’s determination on the assertion of misunderstanding of facts and misapprehension of the legal doctrine.

The decision is proper and correct, and there is no error of mistake of fact.

Therefore, the defendant's above assertion is without merit.

① The most essential evidence in committing the instant crime is the statement of the victim that the Defendant suffered injury.

The statement made by the victim from the police investigation stage to the original trial is consistent with the statement made by the defendant on the background of the victim's contact with the victim, the situation when the defendant was a victim, the details of the victim's injury, etc. (Although the defendant asserts that the statement made by the victim is inconsistent, it seems consistent with the purport that the defendant was able to carry the victim's arms, and milch is consistent with the body of the victim by hand).

The credibility of the above statements is recognized in light of the attitude of legal statements, etc. without showing any circumstances to be published in the above statements.

② Although the medical certificate of injury was prepared after the lapse of six days from the date of occurrence of the instant case, it is shown in the above medical certificate of injury.

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