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(영문) 서울북부지방법원 2018.06.01 2018노555
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of this part of the facts charged even though he did not assault the victim's chest due to knee.

B. The sentence of the lower court (six months of imprisonment and one year of suspended execution) against the illegal defendant in sentencing is excessively unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of mistake of facts, the victim consistently stated from the police investigation stage to the court below’s trial to the purport that “In the course of the defendant’s oral dispute, the defendant was knee and kneee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn

2) The Defendant asserted that he had visual disability so it is impossible for himself to accurately knee the part of the victim’s chest with knee, and that the victim was suffering from a stop line in his own front of the visit, and claimed the credibility of the victim’s above statement.

However, in light of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, i.e., the defendant took the shoulder of the victim even if following the above statements by the victim, so it seems sufficiently possible for the victim to take the chest part of the victim even though the defendant had visual disability, and there seems to be no specific circumstance to suspect the credibility of the victim's above statement, etc., the above statement by the victim is deemed to have credibility. Therefore, the above assertion by the defendant is without merit.

B. As to the wrongful assertion of sentencing, the degree of injury caused by the instant crime is relatively heavy.

The Defendant is completely injured by the victim of the instant crime, up to the time of the trial.

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