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(영문) 광주지방법원 2013.10.02 2013노1629
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, based on the date and time as stated in the facts charged, and at the place, there was a fact that he gave one-time assistance to the victim. However, this is merely an act to injure the victim, and there was no intention to inflict an injury. Therefore, the lower court which recognized the facts charged of an injury and convicted the Defendant, erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, at the investigative agency and the court below, the victim consistently stated that “the victim was hospitalized in the hospital like the defendant. The victim was aware of being hospitalized in the hospital like the defendant.” The defendant was suffering from frighting, and the defendant was living in the bed, and the part of the body of the defendant, who was unfrighting from the arms, went beyond the floor of the sick room. The victim made a statement to the effect that “the defendant was frighting in the bed, brighting in the bed, and difficult, but continued to live in the spot after brighting,” and the defendant made a consistent statement at the police station to the effect that “the victim was released from the body of the defendant, who was unfrightd, and was frightd by the victim, and was released by the victim’s frightd, and the victim’s body was unfrightd by the victim’s frightd, and the victim’s oral statement was made by the victim.”

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