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(영문) 수원지방법원 2018.02.21 2017노9282
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Reasons

1. The summary of the grounds of appeal 1) misunderstanding the facts (as to the facts of the crime in the case of 2017 order 682 as indicated in the judgment below), the Defendant did not look at the victim’s fat at the time of the instant case, and only took two or three times the victim’s face due to drinking, and the Defendant’s act of assault did not incur an injury to the victim and the victim’s batch.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and examined by the trial court and the court below, the Defendant inflicted injury on the victim, i.e., the victim’s breath at the time of the instant case, and the victim’s face 5 to 6 times due to drinking, by taking around approximately 28 days in need of treatment, such as cutting off the floor and cutting down the floor.

full recognition may be accepted.

(1) The injured party consistently entered an investigative agency and the original trial by consistently taking the defendant into the house and carried falbbal face in his hand at least five to six times.

The Defendant stated (see, e.g., the 9th page of the investigation records of the 2017 order order 682 case, the trial records, the 41th page of the trial records). At the court below, the Defendant was not only at least 2 to 3 times a drinking face, but also at many times a number of times, and the Defendant lost his mind that he was faced with her face and her chest face without circumstances, and that he was thereby injured by her eye and her mouth.

(2) Around April 3, 2017, and a written diagnosis of self-injury of the victim on April 17, 2017 (see, e.g., Supreme Court Decision 2011Da14482, Apr. 3, 2017), taken immediately after the occurrence of the instant case, conforms to the victim’s statement.

③ At the time of the instant case, the Defendant also taken the victim’s face at the investigative agency.

As a result, it acknowledged that the victim suffered bodily harm, such as damage to the right chin, which requires treatment for about 20 days (20 days oldest 682 case).

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