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(영문) 서울동부지방법원 2017.02.09 2016노1947
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant’s act of assaulting the victim as stated in its reasoning by misunderstanding the fact that the victim did not first put the back head of the Defendant and caused the Defendant to be tightly pushed the victim in the process of dusting. As a result, the victim was faced with the victim’s side fluorium and the victim was fluored by side fluorium, and the Defendant did not assault the victim as stated in the facts charged in the lower judgment.

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

2. Determination

A. We examine the argument of mistake of facts in the court below, and the defendant argued to the same effect as the grounds for appeal in this part, and the court below held that the victim E suffered injury due to the following circumstances, i.e., the circumstances acknowledged by evidence, i., the victim E, as stated in the judgment

According to the medical records and the medical certificate of injury of victims E (the 41,94 pages of investigation records), the injury of the victim E, such as dynasium (the essential part and the left-hand part), cerebral cenasium, cerebral cenasium, and dynasium, was diagnosed. This is reasonable to regard the injury as a result of violence, such as the crime of the judgment, rather than the injury caused by the strong synasium only once as claimed by the defendant. In light of the above, the criminal facts of the judgment can be sufficiently recognized.

Based on the judgment of the court below, the defendant's above assertion was rejected, and in comparison with the records of this case, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.

B. We examine the determination of the unfair argument of sentencing, and the fact that the Defendant committed the instant crime before the period of repeated crime expires, and the victim’s degree of injury is not negligible, etc., which are disadvantageous to the Defendant, on the other hand, the Defendant.

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