(영문) 창원지방법원 2017.07.12 2017노303 | 리걸엔진

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(영문) 창원지방법원 2017.07.12 2017노303

상해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who misleads the victim as to the fact, committed an flag by provoking that the victim and the Defendant had a long-term flag with each other, and took the flag by hand, and the victim went beyond the blag while under the influence of alcohol.

The defendant is not a victim's body or a citizen.

2) Improper sentencing

B. Prosecution’s improper sentencing

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of misunderstanding of the facts, the Defendant inflicted injury on the Defendant, by hand, such as spine so that the victim’s body was pushed away for about 10 weeks medical treatment.

full recognition may be accepted.

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

1) After committing the instant crime, the victim reported 112 that “the victim was assaulted.”

2) On August 21, 2016, the day on which the crime was committed, the victim stated in the police investigation that “the defendant was able to take the victim’s neck and go beyond the victim and her booms.” In the court of the court below, the victim made a statement that “the defendant was pushed down once the victim’s body and went beyond the victim’s body, and brate while the victim went beyond the victim’s body,” and the statement from the investigative agency to the court of the court below is mutually consistent with regard to the defendant’s body.

3) On August 27, 2016, D witnessing the scene of the crime stated in the police investigation that “the Defendant, while taking a different desire with the victim, was the same as the victim was pushed down with the victim and frighting him to drinking.” However, in the court of the court below, “the Defendant was physically fighting with the victim, and the victim was reported to go back to the back.”

There is a somewhat different difference by making a statement that the defendant's drinking is not certain when the victim's bed.

However, in the process of the defendant's physical fighting with the victim, the victim was behind.

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