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(영문) 전주지방법원 2018.07.06 2018노240
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding B was merely b’s entrance in the process in which the Defendant was able to take a bath first to the Defendant as a matter of the rent for the land of a clan, and the Defendant was able to spread b’s fat, and did not inflict an injury by assaulting B as shown in the facts charged.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the party, namely, the victim B, from the investigative agency to the lower court, to the Defendant was injured by taking the victim’s face one time by drinking at the left hand.

The consistently stated facts (Investigation Records 13-14 pages, 50 pages, 50 pages, 59 pages, 58-60 pages), and 2 The victim was diagnosed by the doctor affiliated with the H Hospital as “morical and oral grhemal harm, salvating, and salvating” on the date of the occurrence of the instant case, and the victim was assaulted by the Defendant.

The body part claimed (19 pages of investigation records), ③ the image taken immediately after the victim was assaulted by the Defendant is seriously teared (18 pages of investigation records). ④ Meanwhile, the Defendant was faced with one’s own arms in the course of the investigation agency and the lower court in the process that the victim s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s

However, unlike the victim, on May 11, 2017, the defendant prepared and submitted a written complaint to the police that he/she was subject to violence from the victim immediately after receiving a request for appearance from the police on May 11, 2017, and received diagnosis at the hospital (the 35th page, 38th page, and 66th page of the investigation record), and 5th page of the defendant.

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