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(영문) 인천지방법원 2016.04.27 2015노3813
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the misunderstanding of facts, had the victim who was the security guard of the above church and had the desire to take the part in the church building's outer wall while suffering from the victim who was the security guard of the above church while she had the right to bring a lawsuit on the outer wall of the church to the extent that it would be adequate to the extent of good faith at the time of the misunderstanding of facts, was punished for a

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the lower court sentenced the Defendant to the sentencing unfair is too unreasonable. (The penalty amount of KRW 3,00,000)

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, namely, ① the Defendant laid the disease room at the entrance and laid down his body fighting on the ground that one person, while drinking alcohol prior to the crime of this case, she expressed the Defendant’s desire to do so. On the other hand, on the ground that the toilet was urgent, the Defendant was shot off his body without any distance from the outer wall of the D church with many visitors, and the F who was present in the above drinking site, was at the police.

In consideration of the fact that the defendant was under the influence of alcohol at the time when he was later found to have appeared to have been a witness of Manas Hasta when he was later found to have been under the influence of alcohol.

At the time, the victim had a pain to the extent that he could not use his arms, but did not go to the emergency room in the billiard.

Therefore, I thought that the crime of this case was committed (the crime of this case was committed during a Saturday). On February 23, 2015, 2015, the day after the crime of this case was committed, which was located at the hospital, <3> the victim immediately after this case was discovered at the center of left arms in the form of the victim taken after this case, and the above part was cut off as a result of the diagnosis, and the defendant was conducting an operation to finland on the mouth, and 4.

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