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(영문) 제주지방법원 2017.01.19 2016노329
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 피고인은 피해자와 시비를 하다가 피해자가 양팔로 피고인의 가슴을 밀자 피고 인의 뒤에 있던 난간 쪽으로 넘어질 것 같아 넘어지지 않으려고 순간적으로 피해자의 가슴팍을 잡았을 뿐이고, 피해자에 대한 상해의 고의가 없었다.

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

2. Determination

A. According to each evidence duly admitted and examined by the court below as to the assertion of mistake of facts, ① the Defendant was in the process of the work at the place indicated in the facts charged in this case, ② the Defendant was in the process of a railing with a height of about 40 to 50cc, and ② the Defendant was in the process of a railing with a height of about 40 to 50cm, and the Defendant was in the process of a railing with a height of 130cm above the floor. ③ The Defendant did not cut the floor to the floor and did not put the victim a knife, and accordingly, the Defendant was in the part of a railing the right-hand part of the knife, leading the victim’s body to a rail.

The fact that F was followed by the victim so that the victim does not fall off, and (4) the defendant did not keep the victim's knife even after the loss from the floor, and brought the victim into the floor, and eventually, can be acknowledged that the victim suffered bodily injury as stated in the facts charged of this case by falling off the floor. The following circumstances acknowledged by the evidence of this case are as follows: ① the defendant was able to live in a bridge of the victim in the process of assaulting the victim first; ② the defendant was able to bring the victim into the bridge in the course of assaulting the victim first; ② even if there was no reason to inflict the victim's body while the body was in contact with the ground, the defendant was able to raise the victim, and the F was also able to get the victim.

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