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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2016.07.13 2016노274
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, while pushing the victim’s prior arms, was suffering from the loss of the center while being pushed the victim’s upper arms, did not have any fact that the Defendant used the victim’s safety net width on the part of the victim.

However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

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

2. Determination

A. As to the assertion of misunderstanding of facts, the court below held that the victim and witness E suffered bodily injury from the investigative agency to the court below, as stated in the judgment of the court below.

Along with the fact that the victim made a concrete and consistent statement, each statement of the victim and the above E is consistent with each other, and the victim received medical treatment at the hospital on the day following the crime of this case, the victim rejected the defendant's defense and found the defendant's guilty of the charge of this case on the grounds that the injury part on the written diagnosis of injury against the victim corresponds to the victim's statement.

In this context, according to the following circumstances acknowledged by the evidence duly admitted and adopted by the court below, according to the witness E’s records and the recording file, the defendant’s wife and the victim appeared at the scene and the victim appears to have inflicted the same injury as the facts charged, and immediately thereafter, the voice of the above E E while playing and the victim resisted to the victim immediately after the crime of this case and the words that the victim expressed that he would pose a threat to the victim (68-77 pages of the investigation records) and the victim expressed that he was able to know that he would have inflicted the injury on the victim as stated in the facts charged. (The investigation records No. 71 page of the investigation records)

Therefore, it is true.

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