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(영문) 수원지방법원 2018.02.09 2017노7911
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant, who is guilty of the fact, was only when the victim's her son was dead with the victim's face, the court below found the defendant guilty of the facts charged in this case that the defendant taken the victim's face into drinking and taken the back part into the hand floor. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is relatively consistent and concrete as to the following circumstances, which may be acknowledged by the evidence duly adopted and investigated by the lower court, i.e., (i) the victim from the investigative agency to the court of the lower court: (i) the victim made a relatively consistent and detailed statement on the fact that “the Defendant was at the entrance of the company, at the time of drinking face, and at the time of backing back from bench; and (ii) the Defendant also recognized the fact that the victim’s face was at the time when the victim’s face was at the

F also stated to the effect that “the sound was fluent (at the entrance of the company)” and “the fact that the Defendant had made an attempt to fluorize the Defendant,” and that the snow was red and boomed at the time the Victim was fluent at the time the Victim was fluent.

(3) Although the witness of the lower court stated to the effect that “A defendant was satisfing on the floor of a non-drinking,” the witness at the entrance of the company, considering the distance and situation between H and the above parties, it appears that H was unlikely that H did not witness the relevant site accurately, and there appears to be a motive to make a reduced statement due to the relationship with the defendant, etc., ④ around 23:19 on the day of the instant case, the victim complained of symptoms that “h was satisfing, satisfing,” because he was inside the emergency center of the Hannam University-dong District Emergency Hospital.

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