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(영문) 울산지방법원 2017.02.10 2016노1525
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found the Defendant guilty of the facts charged of injury on the ground of the victim without credibility and witness’s statement, etc., although the Defendant, as stated in this part of the facts charged, assaulted the victim as stated in this part of the facts charged, and inflicted an injury on the victim for a period of two weeks.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor, such as the statement of the victim of the misunderstanding of facts (not guilty part of the judgment below) and the statement of the witness and the statement of injury corresponding thereto, the court below found the defendant not guilty of the facts charged against the defendant, even though the defendant submitted a false complaint for the purpose of having the victim be subject to criminal punishment.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts, it can be sufficiently recognized that the Defendant assaulted the victim, as stated in this part of the facts charged, and caused a scarcity of a scarke wall that requires approximately 2 weeks of treatment to the victim, and thus, there is an error of law by misunderstanding facts in the judgment of the court below to the same purport,

It does not seem that it does not appear.

Therefore, we cannot accept the defendant's above assertion.

① At the time of the instant case in the court below, the victim D was 15 to 20 times the Defendant’s chest at the time of the instant case.

The defendant made a statement in investigative agencies, and the defendant returned his left retail with his left hand hand, and then the defendant's left part of the left part of the drinking, which is less exceptionally applied to the defendant's left part once.

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