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(영문) 수원지방법원 2014.05.22 2014노358
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was not guilty of causing injury to the victim D due to food.

Therefore, the lower court determined otherwise by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the following facts and circumstances can be acknowledged.

① The victim stated in the investigative agency that “the Defendant was faced with the face while making a dispute with the Defendant, and was given medical treatment to the hospital immediately,” and in the court of the court below, the victim stated that “the Defendant was at the time when she was placed with his eyebrow on his eye by drinking, and her head was taken out,” and made a very detailed and detailed statement about the Defendant’s act of violence, and the explanation of the situation is reasonable.

② Even according to CCTV screen (a video CD file’s 2013-05-09 00:15:15:37 to 00:15:43 sections) taken on the spot at the time of the instant case, the victim was able to sit immediately on the floor when the Defendant, who would have been going to the Defendant, was fright to the victim by drinking.

③ At the time of the investigation agency, the Defendant also stated that “the victim got her hand due to the defect of his/her character while having been in a dispute with the victim. He/she is aware that his/her hand contacted the face of the victim. In that context, the victim was seated on his/her own floor and 10 minutes after he/she was seated, and she also considered that she was her nose.”

Therefore, in full view of the evidence duly admitted and examined by the court below, including consistent statements and video images of the victim with the above credibility, the defendant can sufficiently recognize the fact that the defendant inflicted an injury upon the victim by exercising violence, as determined by the court below.

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