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(영문) 인천지방법원 2016.12.14 2016노2626
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, like the facts charged, has not inflicted an injury on the victim’s face with beer balance, as stated in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts of guilt.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in August, community service order, 180 hours in the community service order, and 40 hours in the lecture for alcohol treatment) is too unreasonable.

2. Determination

A. The following circumstances found by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim made a specific and consistent statement in the investigative agency and the court of the court below on the background of the assault of this case, the situation before and after the assault of this case, and the part of the injury; (ii) H at the scene of the case clearly stated in the investigative agency and the court of the court of the court below that the defendant would have considered the face value of the victim with beer cruel; (iii) the records of each video and the written diagnosis of injury (No. 17, 18, 19 of the evidence list) in the damaged field (No. 12 of the victim’s evidence list) are consistent with all the above statements; and (iv) the defendant was aware that he was assaulted by the victim, first of all, that his hand was in his own face of the victim; (iii) in light of the above circumstances, it is difficult to accept the defendant’s assertion in light of the above facts.

Therefore, the defendant's above assertion is without merit.

B. This case’s determination on the assertion of unfair sentencing is that both parties have become the victim in the process of fighting and consider the circumstances.

However, it is not good that the victim's face is at prices with the beer, which is a dangerous object, and the crime is not good.

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