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(영문) 인천지방법원 2020.02.14 2019노2379
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant did not inflict bodily injury by breaking the body of the victim’s head on several occasions, as stated in the facts charged in this case, since the victim threatened the victim with knife and knife after flapsing with the victim, and then the victim threatened him with knife.

Nevertheless, the court below found the defendant guilty on the ground of the victim's statement that is not reliable, and there is an error of misconception of facts.

B. Even if the conviction of an unreasonable sentencing is recognized, the sentence imposed by the court below on the defendant (one million won of a fine) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged on the grounds of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the victim reported to the police at the time of the instant case; (ii) the victim reported to the police at the time of the instant case to the court of the lower court; (iii) the Defendant recognized that physical conflict with the victim at the time of the instant case occurred; and (iv) the lower court’s judgment based on the evidence duly adopted and duly examined by the lower court and the first instance court, i.e., the following circumstances acknowledged by the lower court’s judgment and the evidence duly adopted and examined by the police investigation: (i) the Defendant made a statement that the victim abuseded the victim’s timber and shoulder 2 to 3 times; and (ii) the victim did not want to punish the Defendant even without wanting to have agreed with the Defendant; (iii) the Defendant made a statement consistent with the instant facts.

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