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(영문) 대전지방법원 2018.04.12 2017노2705
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, the Defendant could fully recognize the fact that the Defendant inflicted an injury on the victim as stated in the facts charged.

B. Improper sentence of the lower court (six months of imprisonment and two years of suspended sentence) is deemed to be too uncomfortable.

2. Judgment on the assertion of mistake of facts

A. On February 17, 2017, the Defendant entered the summary of the facts charged in this part of the charges as “E” on the ground that the Defendant was driving a lurged car in front of the discharge distance located in the 793-12, Jinsan-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in a three-way radius, Jinsan-do, Chungcheongnam-do, Seoul-do, and that the Defendant violated the signal and left-hand turn, but this is a clerical error in “I”.

The control was put into force on the part of the Corporation.

The Defendant received a penalty payment notice and received the penalty payment notice and on the ground that the penalty is bad, “I am not able to see the seed of the fecul.”

“Abrupted the victim,” and the victim was demanded to be dead from the victim, the victim’s breast part was pushed down twice by the Defendant’s hand and breast part of the victim, and the victim’s breast part was pushed down by both hand once. The victim’s breast part was pushed over the floor.

As such, the Defendant abused the victim, thereby causing injury to the victim, such as cerebral leys, which requires approximately two weeks of medical treatment.

B. The lower court determined as follows: (a) there is an I’s statement and written diagnosis of injury, etc. submitted by I as evidence that I appeared to be consistent with the fact that I suffered the “injury” in the crime of injury; (b) two injury diagnosis reports submitted by I appear to have been issued only based on I’s statement in the absence of credit; (c) the injury diagnosis report submitted first by I was issued by F Hospital on February 18, 2017 following the date of the accident; and (d) the name “I was written as indicated on the top of the chest,” and the name “I was issued by F Hospital upon receipt of a diagnosis of injury, but there appears to have been no special treatment.”

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