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(영문) 수원지방법원 2014.12.11 2014노2915
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant did not inflict bodily injury upon the victim D (Nam, 51 years of age) with two descendants, as described in the facts charged.

(M) The sentencing of the lower court (one million won of a fine) is too unreasonable.

(F) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, this part of the defendant's assertion is without merit.

① The victim (the victim died on February 18, 2014) made a significant detailed statement in detail that corresponds to the facts charged in the instant case by the police.

On the next day of the instant case, the victim was diagnosed with the right side, the scopical base, etc. (Evidence No. 9). The part and degree of such injury are consistent with the cause and details of the injury claimed by the victim.

(원심의 국민건강보험공단에 대한 사실조회 결과에 의하면, 피해자는 이 사건 전에 위 상해 부위에 대하여 치료를 받은 적이 없었다). ② 피고인은 경찰에서 “제가 피해자의 손목을 뿌리치면서 손목을 잡아 핸드폰을 낚아챈 겁니다.”라고 진술하였다.

According to the above statements, it seems that the defendant exercised considerable tangible power, such as spawning the victim's grandchildren, in the process of cutting off the victim's cell phone.

③ At the time of the instant case, F, a witness, was punished for a dispute over the property issue immediately after the victim was divorced from the victim, and was pro rata with the Defendant. At the court below, the court below stated that “I had a cell phone of the victim on the day of the instant case, the Defendant was under the influence of alcohol. At that time, the victim was under the influence of alcohol, and he was under the influence of alcohol (the date of the instant case’s refusal).” (No. 57-58 of the trial record) and recognized that at the time of the instant case, the victim was deprived of the center of the body and faced with the belief.

As to the assertion of unfair sentencing, this case.

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