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(영문) 광주고등법원 (전주) 2017.01.24 2016노196
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles did not directly witness the victim in the form of harm by force of violence, and the victim's injury is likely to result in knife on other profed objects than human drinking. Thus, the defendant inflicted an injury on the victim by assaulting the victim by drinking.

It shall not be readily concluded.

Defendant’s assault was committed on domestic affairs

Even if the victim was under the influence of alcohol, it cannot be ruled out that the possibility of suffering from the victim's bodily injury by being frighted or faced by him/her in the course of driving away, and considering these factors, the causal relation between the Defendant's assault and the victim's real name is doubtful. Thus, the facts charged in this case against the Defendant is proved to the extent that it can be ruled out a reasonable doubt.

subsection (b) of this section.

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

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine 1) In full view of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court acknowledged the fact that the Defendant committed an assault to the victim, such as when the Defendant was aware of the victim’s inside and outside of the wall, and caused the victim’s real name by taking advantage of the circumstances acknowledged by the evidence duly admitted and investigated.

The decision was determined.

2) We differ from the lower court’s determination of the above facts. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim made a statement in the investigative agency and the court of the lower court that “as the victim saw emblingly emblingly embling the rear, and embling embling the left part of the body of the body of the lower court, and embling the back immediately after the Defendant’s emblance, and then, the Defendant’s embling of the body of the snow was made.” The victim’s above statement was made.

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