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(영문) 의정부지방법원 2016.03.18 2015노2414
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not at all commit an injury by assaulting the victim.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by mistake.

B. The sentence sentenced by the court below to the defendant (the amount of two million won punishment and the cost of lawsuit) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim sawd from the investigative agency to the court of the lower court to the day on which he was aware of the Defendant’s her humnasium while doing so.

The defendant continued to take the head of the drinking house, and the head of the household, and the chest, etc. were taken several times.

“The core fact of injury” is consistently stated with the purport that “A witness F, who was at the scene of the instant crime, has made a detailed and natural statement about the developments of the instant case while meeting the construction work, and also made a statement consistent with the victim’s statement from an investigative agency to the court of the court below, as to the background of the instant case and the facts of damage; ③ The degree and degree of the injury in the medical certificate issued on July 10, 2014 after the instant case corresponds to the victim’s statement; ④ A copy of the first aid activity site (Evidence No. 29 page of the evidence record) of the victim’s first aid activity site (Evidence No. 15:19, Jul. 13, 2014). In full view of the fact that the victim was assaulted by the Defendant on July 15, 2014 immediately after the instant case, reported to 119.

Therefore, it is true.

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