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(영문) 광주지방법원 2017.01.18 2016노3909
상해
Text

The judgment below

The part against the defendant shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

(b).

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (1) It is true that the Defendant, at the time of the instant case, runs back the victim once more.

However, the defendant did not look at the victim's threshold.

(2) There is a relation between the defendant's act and the victim's injury as stated in the judgment below.

shall not be deemed to exist.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mistake of facts, the victim was hospitalized.

F may be recognized as having respondeded to the court of the first instance to the effect that “F made a statement that there was no special opinion as a result of radiation photographing on the bones and bones of the Defendant’s satise on the day of the instant case.”

However, in full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below and the court below on its grounds, the court below acknowledged the fact that the defendant suffered bodily injury as stated in the judgment of the court below due to the victim's threshold at the time of the instant case.

Therefore, the defendant's above assertion is without merit.

(1) The victim is consistently treated by the investigative agency from the time to the court of original trial, and the defendant was under medical treatment at the time of the instant case until six months thereafter.

The statement was made (Evidence No. 8, 21, the trial record No. 71, 72, 80). (2) K having observed the site at the time of the instant case was made at the court of original instance one time by the Defendant’s back to the victim in the court of original instance.

The statement was made (98 pages of the trial record), and H considered that the defendant's face was taken by his hand.

(3) The photograph of the victim taken by the police immediately after the instant case can also be confirmed that the victim’s face is red (the page 12 pages of the record of evidence). (4) The Defendant is punished by the victim at the time of the instant case.

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