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(영문) 전주지방법원 2018.06.20 2018노277
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding the victim C did not face the victim's wall by pushing the victim C, even if the defendant's hand contacted the victim's body, the defendant did not have an intention to inflict an injury on the victim, and the victim cannot exclude the possibility of being able to go beyond her own due to a save in the state where the disease was caused by the defendant's act.

It shall not be readily concluded.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding the facts and legal principles, the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., (i) the victim made a relatively concrete and consistent statement from the police to the court below as to the background, contents, etc. of the victim's assault by the defendant, and the contents of the statement correspond to the record of CD in which on-site situations are recorded; (ii) the field situation at the time of the case revealed in the above record, the intensity of the defendant faced with the wall, and the conversation between the defendant and the victim immediately before and after the above, the victim does not appear to have taken care of the victim's disease even if considering the victim's Nab or past surgery experience, and (iii) the victim visited the hospital on the day of the above hospital and received diagnosis from the above hospital on May 12, 2017, based on the result of photographing as well as the victim's subjective appeal, and the degree of the victim's injury as stated above, it is difficult to find out the victim's injury other than the charges in this case.

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