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(영문) 인천지방법원 2017.04.27 2016노4540
상해
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles are unilaterally made by the victims, and there was no injury to the victims as stated in the facts charged.

Nevertheless, the court below rejected the statements of witnesses who correspond to the defendant's defense and found the defendant guilty on the basis of the statements of victims and F, who correspond to the facts charged, and there is an error of misconception of facts or of misunderstanding of legal principles in the court below.

B. The sentence sentenced by the lower court (2,000,000 won) is too unreasonable.

2. Determination

A. On August 23, 2018, at around 00:40 on August 23, 2018, the summary of the public prosecution room is as follows: (a) around 00:40 on the defendant’s house located in Seo-gu Incheon Metropolitan City, the defendant was at the defendant’s house located in Seo-gu, Seo-gu, Incheon, when the victim D faces face from the victim D; (b) five times in drinking; and (c) the victim’s face was over the same as the victim E; and (d) the defendant was at the time of drinking.

As a result, the Defendant brought about the victim D with an unfashion to the victim D for about four weeks of medical treatment, and the victim E with a face requiring approximately two weeks of medical treatment.

2) The lower court made a statement to the effect that: (a) the victims were “the Defendant did not have any fact at the time of the investigation by the police; and (b) the Defendant and E was satisfyed with one another at the time of the investigation by the police; (c) but consistently from the prosecutor’s office to the court of the lower court, “D’s face was first taken,” and the Defendant was faced with D’s face.

Accordingly, the defendant and E have come to go beyond the police, and thereafter, the defendant and E have been satisfyed by being satisfyed by being satisfyed by the police. ② At the time when the police received a report, the defendant and victims were on the road floor when they were able to take the mutual head and satisfy on the road floor, and ③ victims were able to do so.

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