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(영문) 대전지방법원 2018.08.16 2017노3713
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, was string a string connected to the ballot box so that the injured party may not open the ballot box, and did not have the injured party by assaulting the injured party as stated in the facts charged.

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

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its holding.

In full view of the following facts and circumstances admitted by the court below and the court below in accordance with the evidence duly admitted and investigated, the judgment of the court below is just and acceptable, since it is recognized that the defendant inflicted an injury upon the victim as stated in the facts charged, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

subsection (b) of this section.

(1) The statements made by an investigative agency and a court of original instance in the victim's investigative agency are generally consistent, specific, and reasonable in the explanation of circumstances.

② The Defendant showed that the injured party has a string connected to the ballot box, and as well, the Defendant automatically dismissed the injured party.

“The victim seems to have forced the strings connected to a ballot box even after the word “,” and accordingly, the victim appears to be be able to be sprinked at the end of the string of the strings which the Defendant was anchored.

③ According to the description in the written diagnosis of injury, the time and time of the diagnosis of injury are very close to time, as well as the background and degree of the injury the victim states. The outcome of inquiry about the G outside of this court and the images of the victim’s photograph are also consistent with the victim’s statement.

Therefore, the defendant's assertion of facts is without merit. [The defendant is 2 Dong after the conclusion of the argument in this case.

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