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(영문) 서울중앙지방법원 2016.01.28 2015노2111
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not pluck or pluck the victim’s hand, as stated in the facts charged in the instant case, and did not inflict any injury on the victim, such as dumpulverging off the right part of the lower part of the water table No. 4.

At the time of the instant case, the Defendant only prevented the attack by the victim, and did not pluck and pluck up the victim’s fingers, as alleged by the victim, in the situation where the victim was being treated by cutting away the left hand trees, and the victim was able to dump with the victim’s fingers by dumping himself.

B. In light of the various circumstances of the prosecutor (unfair sentencing), the sentence of the lower court (an amount of KRW 4 million) is too uneasy and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to the defendant's assertion of mistake of facts, the victim's statements in the investigation agency and the court below which correspond to the facts charged of this case are consistent with the circumstances of this case, the victim's statement in the court below of the court below, the statement in F of the doctor F who diagnosed the victim's injury part, the statement in the court below, the statement in the inquiry about the defendant's injury part, the statement in the inquiry about H of the doctor H who diagnosed the victim's injury part, the reply in the inquiry about the doctor's opinion in the court below, and the contents of the testimony in G of the witness G of the court below, and there is sufficient credibility in light of the major part, and the above victim's statement and diagnosis

The decision of the court below that made the same conclusion is correct, and there is no error of misconception of facts due to the violation of the rules of evidence, as alleged by the defendant.

B. As to the prosecutor’s improper assertion of sentencing, the defendant did not recognize his behavior until the trial is held, and even though the degree of damage is severe, it is recognized that there is no recovery of damage. According to the records, the crime of this case was committed first by the victim.

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