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(영문) 서울중앙지방법원 2017.11.03 2017노88
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not scam the victim’s scam or knife the victim’s scam, and the victim’s scambling signboard escape certificate was not caused by the Defendant’s assault.

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

2. Determination

A. 1) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant’s assaulted by using the victim’s neck and neck, etc. can be sufficiently recognized.

(1) The statements made by the victim that the defendant assaulted the victim are consistent, and the statements made by witnesses at the present site are consistent with the statements made by the victim.

(2) Even according to the image of a photograph taken at the scene at the time, it is confirmed that the defendant gets a part of the victim's wood.

(3) immediately after the case, the injured party received medical treatment at a hospital and received medical treatment for a long time thereafter, also conforms to the statement of the injured party’s assault damage.

2) In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court, the fact that the victim sustained an injury due to the Defendant’s assault can be acknowledged.

① According to the results of the fact-finding on P Hospital and the Korean Medical Association, the victim appears to have been holding the escape certificate of the warning signboard.

On the other hand, however, according to the MF images of the victim taken immediately after the case, the victim seems to have a considerable number of copies of the escape from the warning signboard, and there was no room for the victim to provide medical treatment since 2013.

Considering this, the symptoms of the escape certificate of the Defendant's assault were repeated or the degree of the escape certificate was serious.

There is sufficient room to see.

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