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(영문) 서울고등법원 2017.09.15 2017노2102
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Recognizing that the Defendant’s misunderstanding of the fact was aware of the fact that she drinking with the victim on the day of the instant case, but there was no fact that the victim was deprived of her with the beer, as shown in the instant facts charged.

In the process of vagabonds, the defendant was able to get off and get off the table, and the victim was also over the table.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, the lower court fully recognizes the fact that the Defendant, while engaging in a dispute with the victim, has inflicted an injury on the victim’s head by getting the victim’s head cruel.

The judgment of the court below on the same conclusion is justifiable.

This part of the defendant's assertion is not accepted.

A. From the investigation stage to the court of the court below, the victim found the defendant, who is the right holder of the workplace rent interest line, and saw the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of the walth of

Therefore, it was time that the defendant was at first time by entering sickly and objectively.

In light of the fact that the victim consistently made a statement to the purport that “the victim was suffering from injury,” the victim’s above statement is credibility in light of the following: (a) the part and degree of the victim’s injury, the relationship between the defendant and the victim, and the victim’s unfavorable circumstances, including the victim’s purchase of the victim’s illness

B. The part and degree of the injury suffered by the victim (the 23th page of the evidence record), the background of the dispute, and the defendant and the victim were sitting before E and drinking the alcohol.

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