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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.11.17 2016노2168
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding ① The number of assaults against the victim D on July 8, 2015: The number of assaults against the victim D is not much the same as that stated in the facts charged; there is no little amount of spawnating the said victim with heavy water; and the injury of the said victim, such as those described in the facts charged, is not attributable to the Defendant’s assault.

② Special intimidation against the victim D on July 27, 2015: The victim D did not have any whistle to 10 times, and when the head of the above victim was fluories, or when the fluor's disease was fluories, or when the fluor's disease was fluories, the victim's items did not dluorize.

(3) The point of each assault committed against the victim H and I on July 14, 2015: there is no assault committed against the victim H and I.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and investigated by the court below, each statement that corresponds to the facts charged in this part in the victim D, H, I's investigation agency or court of the court below's judgment on the assertion of mistake of facts is sufficiently reliable in light of its form and consistency, and the defendant's injury to D and special intimidation as stated in this part of the facts charged, and the victim H and I's assault against the victim H and I is sufficiently recognized.

Therefore, the defendant's assertion of mistake cannot be accepted.

B. In light of the contents of the crime committed by the victim H and I living together with the victim H and their family members, who committed an injury, intimidation, or assault, and the physical and mental suffering suffered by the victim D, the nature of the crime was extremely serious, but the defendant did not appear to have an attitude of obsing and opposing the victim D. Nevertheless, the defendant did not properly endeavor to recover damage, even though being detained due to the above crime, and committed a non-licensed medical act without being involved in the crime, and the defendant was sentenced to imprisonment for up to 20 occasions.

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