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(영문) 인천지방법원 2014.07.18 2013노3204
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not assault the victim and did not inflict the same injury as indicated in the facts charged.

B. The injured party’s wife who suffered loss does not constitute injury as referred to in the crime of injury.

C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the evidence as indicated in the judgment of the lower court. 2) The following circumstances acknowledged by evidence duly admitted and examined by the lower court and the lower court, namely, ① A, a passenger on board the flight aircraft, such as the Defendant and the victim, was placed in an investigative agency and the court of the lower court to the effect that “the Defendant was able to collect the victim’s head and 1 to 2 minutes during the time when the Defendant and the victim were in the time of trial.” Such E’s statement is clearly and consistently described in the situation at the time and consistently, as well as that E appears to have high credibility of the statement considering that there was no reason to harm the Defendant, ② the wife on the victim’s photograph submitted by the victim is sufficient to be considered as the wife suffered in the course of dispute by the Defendant’s face or the victim’s head, and there is no other evidence to recognize that only the Defendant was able to undergo a diagnosis and 20 minutes from the victim.

Nor can it be determined that the above wife does not constitute a injury as referred to in the crime of injury, and rather, the part of patient’s statement in the medical examination and treatment record (“C.C.”) contains “secting on a wooden part”.

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