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(영문) 춘천지방법원 2017.04.27 2016노721
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not agree with the victim's return or the victim's paid lecture to the wharf, and since the victim fights with several members at the time, the victim's emotional injury is not caused by the Defendant's act.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to the assertion of mistake of fact, and especially the victim's statement in the court below (the defendant is unable to believe the victim's statement.

However, according to the reasoning of the judgment below, the victim made a relatively consistent statement from the investigative agency to the court below, and the objective data are consistent with this, the victim's statement is also reliable. The defendant's statement can be sufficiently recognized as the facts charged of this case that the defendant injured the victim by assaulting the victim's right angle due to the old wharf with the victim's left side and assaulting the victim's right angle. Thus, the defendant's above assertion is without merit ( even if it is unclear whether the victim injured the victim by physical fighting with other teachers or by other teachers' acts of violence against the defendant, even if it is not clear whether the victim injured the victim due to other teachers' acts or not, as seen earlier, it belongs to the result of the victim's injury in accordance with the special provisions of Article 263 of the Criminal Act, and thus the defendant's argument is not acceptable). The defendant's argument about the unfair argument of sentencing belongs to the defendant. However, there are some circumstances to consider the circumstance that the defendant caused the crime of this case to this court, and there is no doubt that the defendant's motive and circumstances after the defendant's argument are different.

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