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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2015.10.16 2015노2891
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that a mistake of fact-finding defendant inflicted an injury upon the victim requiring medical treatment for about 42 days by pushing ahead of the victim, it is not true that the victim's bridge was skeed on the part of the victim, or that the victim's bridge was skeed by cutting down both sides of the victim by cutting down the victim's bridge, and then the victim's bridge was skeled.

B. The lower court’s sentence of unreasonable sentencing (limited to four months of imprisonment, one year of suspended execution, one year of community service, 160 hours) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the victim is recognized as having inflicted an injury on the victim by assaulting the victim as stated in the facts charged, and thus, the judgment of the court below is just and acceptable, and the defendant's assertion of misunderstanding of facts is not acceptable, in full view of the following circumstances: (a) the victim was found to have inflicted an injury on the victim by assaulting the victim as described in the facts charged, leading the victim to a small room from the investigative agency to the court of the court of the court below; (b) standing up on the part of the victim; and (c) cutting up both sides of the victim's legs; and (d) the victim suffered an injury, such as 42 days of treatment; and (e) the victim suffered an injury by assaulting the victim as stated in the facts charged.

3. The favorable circumstances are that the Defendant recognized the instant crime as a substitute for the instant crime, and confession and reflects it, and that the lower court agreed with the victim in an original trial.

However, in light of the circumstances and contents of the instant crime, the crime is not good, the victim's injury is serious, and other various sentencing conditions as shown in the records and arguments, such as the Defendant's age and behavior environment, and circumstances before and after the crime, are considered unfair since the lower court's punishment against the Defendant is too unreasonable.

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