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(영문) 청주지방법원 2013.05.24 2013노119
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of facts merely stated the victim’s clothes and did not commit an injury to the victim, but the lower court convicted the Defendant of the facts charged of this case.

B. The lower court’s sentence on the assertion of unreasonable sentencing (the fine of KRW 500,00) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also recognized the fact that the Defendant was involved in the part of the clothes of the victim from the investigative agency to the trial court.

On the other hand, at the time of the police investigation, the victim stated that "the defendant was engaged in the flabing and spathing, but did not cause power, and the defendant was killed." At the time of the police investigation, the victim stated that "the defendant was killed by the defendant." At the time of the police investigation, the defendant also stated that "the defendant was spathing the victim's flabing, spathing, spathing, and spathing, and spathing, that "the victim was killed by the victim................"

In addition, according to the injury diagnosis certificate and each photograph taken immediately after the crime (Evidence No. 13-15 pages), it is recognized that the part of the chest part of the victim's chest part suffered at the time of the instant crime was teared, and that the victim was diagnosed to have suffered about two weeks after the date of the instant crime that he/she suffered a scarcity, etc. requiring approximately two weeks of treatment after the date of the instant crime.

Therefore, in full view of the above circumstances, it is recognized that the defendant carried the breath of the victim's breath and moved in the victim's body before and after the victim's body was moved in in the front and rear, and the victim's chest part was partially cut by the defendant's hand, or at least the defendant's hand was faced with the victim's chest part repeatedly on the victim's chest, and thus, the defendant's allegation in this part of the grounds for appeal disputing the facts charged is without merit.

B. Unreasonable sentencing.

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