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(영문) 인천지방법원 2018.10.05 2017노2815
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the fact that the Defendant would not take the victim’s desire

There is no fact that the hand did not actually contact the victim, and the victim did not injure the victim.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances revealed by the lower court by fully taking account of the evidence duly admitted and investigated by the lower court, namely, that the victim consistently fell under the victim’s threshold and faced with the victim’s wall by cutting down the victim.

The statement is made, CCTV images confirm the victim's degree of satis, and the defendant was also aware of the victim's degree of satis in court in the court below. immediately after the instant case, photographs that the victim suffered from satisfy on the left side are taken, and the victim suffered from the above satisfy in the process that the defendant's degree of satisfy was pushed.

In full view of the fact that the victim visited the hospital on the ground that the victim's 4th day after this case's 4th day thereafter, he was diagnosed on the fluoral base, the left-hand fluoral unit, etc., the victim's statement on the facts charged of this case is credibility.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law.

B. In the criminal litigation law, which takes the principle of unfair trial-orientedness and directness of sentencing, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court’s judgment because new materials of sentencing have not been submitted in the trial, and the circumstances revealed in the instant records and arguments have been comprehensively taken into account.

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