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(영문) 인천지방법원 2016.11.23 2016노2598
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to have the court prejudice the Defendant’s violent habition, Defendant 1 violated the principle of an indictment only by stating that “the Defendant has two times the same criminal records, such as receiving the suspension of indictment on April 28, 2015 due to the violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) at the Incheon District Prosecutors’ Office on the charge.” As such, the indictment procedure in this case constitutes invalid in violation of the statutory provisions. 2) The sentence (fine 1,500,000) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. Prosecutor 1’s body is reliable in the statement of the victim who fighted against the defendant in mistake of facts, and it is clear that the victim suffered injury even if there was no credit on the victim in light of the previous and subsequent circumstances. 2) The above sentence imposed by the court of unfair sentencing on the defendant is too uneasible and unfair

2. Determination

A. Regarding the prosecutor's assertion of mistake of facts, the court below judged that it was difficult to view that the defendant injured the victim under the Criminal Act on the grounds as stated in its reasoning. The court below stated the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① The victim stated in the prosecutor's office that "the victim was flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick fl," and the victim stated in the prosecutor's office that "the victim was flick flick flick flfl fl" (Evidence No. 159).

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