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(영문) 수원지방법원 2017.06.07 2015노3333
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. While the Defendant was assaulted by the physically handicapped persons at the time of the instant case, the Defendant did not intend to inflict an injury on the victim because the victim was aware of and attempted to escape from the Defendant as a perpetrator’s commission of the commission of the perpetrator, and did not intend to inflict an injury on the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim was a defendant in the investigative agency.

The face of the author is prone if he does not put his arms in his arms.

"The defendant was faced with the face of the back head, and the face of the defendant was appropriate."

The statement "," and 2 The defendant also stated in an investigative agency that "the victim et al. al. al. satise and satise in the bar will be memory."

In addition, I would like to say that he would be head if he does not put his arms.

However, since their friendships do not leave low, they received the back head.

3) The Defendant, upon receiving a statement consistent with the above victim’s statement, had the victim’s left part of the victim’s back eye and left part of the part of the victim’s back, with approximately eight weeks of treatment. If the Defendant combined various circumstances acknowledged by the above evidence, such as the method and degree of the assault and the part of the injury, etc., he can be sufficiently recognized that the Defendant intentionally inflicted an injury on the victim as shown in the facts charged in the instant case, and thus, the Defendant erred by misapprehending the facts pointed out by the Defendant and adversely affecting the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

B. Illegal assertion of sentencing.

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