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(영문) 광주지방법원 2017.05.11 2017노958
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, only one time, did not injure the victim as stated in the facts constituting a crime in the original judgment.

However, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court to determine the assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim as stated in the facts constituting the crime in the lower judgment is sufficiently

Therefore, the defendant's assertion of mistake is rejected.

(1) The statements made by the victim regarding the details and circumstances of the injury inflicted by the defendant are specific and consistent.

② Inasmuch as the content of the victim’s statement as to the circumstances in which the victim escaped through the back of the D having inflicted injury on the victim’s violence, it conforms to the victim’s statement (G investigative agency stated that “the victim was unable to see the victim’s injury.” However, in full view of the content of the victim’s and G’s statement, the Defendant committed an assault against the victim by leaving the victim out of D, and at the time, G was located in D, and thus, it appears that the Defendant was unable to see the victim’s injury.) (3) The victim’s statement by photograph taken by the victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s injury conform

B. The instant crime of determining the illegality of sentencing is highly bad in the nature of the crime as the elderly victims (e.g., 77 years old), the Defendant did not receive a letter of suspicion from the injured party, the Defendant does not seem to reflect his mistake, and the circumstances after the crime are not good, such as refusing to attend the trial of the lower court, and the Defendant was punished several times for the same crime.

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