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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.08.12 2015노6843
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim, and the Defendant suffered from the injury under the Criminal Act to the extent that the victim’s physical completion is damaged, or that his health condition is changed to a bad condition.

Even though it is difficult to see it, the judgment of the court below which pronounced guilty against the defendant is erroneous and adversely affected by the judgment.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in April and 160 hours of community service order) is too unreasonable.

2. Determination

A. The injury of a victim of a mistake in fact means that the injury of a victim of a mistake causes the injury to the completeness or physiological function of the victim.

In the event that there is extremely minor circumstance accompanied by violence and thus there is no need to treat the victim, and thus there is no obstacle in natural therapy and daily life, it does not constitute the injury of the victim. However, this is premised on the fact that there is no assault, so if the above degree is caused by assault, it constitutes injury (see, e.g., Supreme Court Decisions 9Do4305, Feb. 25, 2000; 2007Do9794, Nov. 13, 2008). The court below duly adopted and examined the following circumstances acknowledged by evidence, namely, ① the victim’s victim’s oral treatment from the police consistently divided the victim’s knee into the victim’s knethy and kney, ② the victim’s pressure against the victim’s kne, ② the victim’s knne, and so on, the victim’s remaining knife’s knick, and the victim’s knife’s knife’s k, etc.

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