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(영문) 부산지방법원 2017.09.15 2017노1367
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the process of misunderstanding the facts, the injured party suffered in the process of wrapping the Defendant’s scam and the victim’s satatat, but the injured party was a minor level, and the injured party received excessive treatment by including the injury caused by another cause, and then filed a false complaint that caused the Defendant’s satis.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court’s determination on the assertion of facts: (i) the victim received a medical certificate after being treated at the Incheon National University Shipping Bag Hospital on January 30, 2016, which was on the day of the instant medical certificate; (ii) the above medical certificate states that “the victim suffered multiple feel in each and each side of the several sides of them, and was crashed in the water process, and suffered both sides of them.” This is consistent with the part and causes of the victim’s injury consistently asserted; (iii) there is no circumstance to suspect the credibility of the medical certificate, ③ the diagnosis date, diagnosis name, and the process of issuing the medical certificate; and (iv) the Defendant also did not carry out a Mag-do dog, which was in the process of the instant medical certificate, and the victim suffered the victim’s injury in his/her hand, and immediately after the need to recognize the Defendant’s injury, the Defendant sent the victim’s message to both the Defendant and the Defendant’s injury on several occasions.

B. It is advantageous to the fact that there is no previous conviction in the determination of unfair sentencing.

However, there is no agreement with the victim, and the defendant's mistake is not divided.

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