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(영문) 서울동부지방법원 2017.04.21 2016노1273
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not inflict an injury on the victim, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 2 million imposed by the court below against the defendant 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 regarding the assertion of mistake of facts, the lower court can sufficiently recognize the fact that the Defendant inflicted an injury upon the victim’s injury in the course of drinking.

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

1) The victim made a concrete and consistent statement from an investigative agency to the original trial on the background, content, reason, etc. of the victim’s injury due to the Defendant’s assault.

2) The wooden F refers to the statement made by the investigative agency and the lower court to the effect that the Defendant directly observed the victim’s injury by cutting the victim’s part of drinking alcohol at the investigative agency and the lower court, thereby complying with the victim’s statement.

F made a statement at the police station as to the specific location where assault was committed within the crime scene, and there is a difference between F and F, such as making a statement at the lower court as “in front of clothes stored outside the dancing place” and making a statement to the effect that the assault was committed once at “a stage inside the stage”. However, F’s statement corresponds to F’s overall statement in the main part, and F’s legal statement was made at the lapse of six months from the date of the occurrence of the instant case. Considering that the dispute between the Defendant and the victim began at the stage and continued to have been done in front of the clothes storage place, the difference between F and F’s statement is the loss of memory.

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