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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2017.09.01 2017노121
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, with the floor of hand, committed assault against the victim at the time of three times, and did not injure the victim’s face by drinking, etc. on several occasions.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant inflicted an injury upon the victim's face by drinking, and the statement made by the witness D of the trial court does not interfere with the recognition of the above crime, and there is no other evidence to reverse it. Thus, the defendant's assertion of mistake of facts is without merit.

1) The victim made a concrete and consistent statement in the investigative agency and the court below on the background, content, reason, etc. of the victim’s injury due to the Defendant’s assault.

2) The arbitr D made a statement to the effect that “the Defendant was faced with the victim’s face by cutting down the victim and drinking the victim’s face” at an investigative agency. While there is a difference between D and the victim’s respective statements in the frequency and degree of assault, at least the Defendant was at the time of face of the victim’s face, the statement made by the above investigative agency and the victim’s statement are consistent.

D Unlike the statement in the above investigative agency, D stated to the effect that “the defendant was showing the victim’s face, but was not deemed to have been at the time of drinking.” However, D’s legal statement was about one year and one month after the date of occurrence of the instant case.

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