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(영문) 서울남부지방법원 2017.04.28 2016노2663
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant merely pushed the victim's right shoulder part by cutting down the victim's chest part, and did not have the victim's face or breabbbbbbing the bridge, thereby making the victim go beyond the floor, and thereby, the victim suffered eight weeks injury.

shall not be deemed to exist.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted that there was no assault against the victim at the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: (a) in light of the circumstances acknowledged by the evidence adopted by the lower court, it is sufficiently recognized that the Defendant inflicted an injury on the victim by assaulting the victim.

The reasoning of the judgment below is examined closely by comparing the reasoning of the judgment below and the following circumstances acknowledged by the evidence duly adopted and examined by the court below. ① The defendant stated that there was no assault against the victim by the court below, but unlike this, the defendant was found to have been in excess of the victim by cutting down the right part of the chest at the court below. ② The victim appealed to the medical personnel through the hospital through 119 at the site of the case, ② the victim appealed to the medical personnel for an operation pursuant to 8 weeks c. the part of the relevant part, including the relevant part, ③ the part of the victim who abused the victim and the surrounding person before the victim was escorted to the hospital, and the part of the injury on the part of the medical examination letter of injury was similar to the victim's face and the part of the victim's face to the victim's face before the victim was escorted to the hospital. ④ The victim seems to have been in excess of the alcohol level on the day of the victim's 119 first medical personnel and the medical personnel of the hospital.

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