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(영문) 서울서부지방법원 2017.01.12 2016노1437
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts of the lower judgment’s crime No. 1 (special injury) of the lower judgment, the Defendant only her d's head part by coffee at the time, and only her d's head part was unloaded twice, and used the victim’s head part on the floor and did not inflict any injury on the victim, etc.

With regard to the crime of the lower judgment’s crime No. 3 (Intimidation), the Defendant was only subject to criminal punishment due to a crime of interference with business against the victim G around February 2016, and there is no fact of intimidation again on April 2016, as stated in this part of the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the Defendant’s assertion on the charge No. 1 of the lower judgment, i.e., (i) the victim D, at the investigative agency and the lower court’s court, was assaulted by the Defendant several times on the part of the head and face of a coffee in turn from the Defendant at the time of the instant case, and was assaulted by the Defendant several times after the overcoming.

The statement was made in detail and nature, and the contents of the statement are reliable; ② The victim clearly confirms that the victim suffered from the side of the victim, etc., and the victim received medical treatment for this reason; ③ the victim was already at the hospital before a dispute with the defendant; and on the other hand, the police officer was dispatched immediately after the victim reported 112, and the victim was sent to the hospital immediately.

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