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(영문) 청주지방법원 2018.01.12 2017노976
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant misleads the victim of the fact is recognized, but the defendant does not inflict an injury on the victim.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of misunderstanding the fact and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court on the Defendant (1.5 million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: the lower court convicted the Defendant and sentenced to a fine of KRW 1.5 million.

On December 16, 2015, the defendant assaulted the victim E at the waiting room located in the Chungcheong-si, Chungcheong-si, Chungcheong-si on December 16, 2015, against the victim E at issue of the lawsuit for apartment management expenses, and assaulted the victim's face at hand.

Accordingly, the Defendant inflicted an injury on the victim in need of approximately two weeks of medical treatment under the name of “influence base”.

B. The lower court also argued to the same effect as the grounds for appeal for mistake of the above facts, but the lower court determined that “the fact that the Defendant inflicted bodily injury upon the victim as stated in the facts charged in the judgment of the Defendant may be recognized by taking account of detailed circumstances as follows,” and rejected such assertion by the Defendant and the defense counsel.

1) In the police and this court, E states that “the Defendant was at the time of the instant case three times, her body fighting with the Defendant and the Defendant’s children, which was going beyond the body of the Defendant and the Defendant’s children, and received treatment from the Defendant outside the prison.”

In particular, even after the conclusion of the agreement with the defendant, E consistently makes statements in the court as above, and its credibility is recognized as well as its attitude to make statements.

2) Meanwhile, in preparing a written agreement with the victim, E is simply from the defendant.

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