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(영문) 서울중앙지방법원 2017.08.11 2016노3482
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not lick the victim’s breath or walk the part of the victim’s satch with his left slope, thereby going beyond the upper floor.

B. The sentence sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant can be found to have inflicted an injury on the victim H as stated in the facts charged.

Therefore, the defendant's assertion of factual mistake is rejected.

(1) The victim consistently makes a statement from an investigative agency to the court below to the effect that the Defendant dump spaths of the victim and walked the part of the victim’s s s s s s s s s s s f

(2) Even based on the result of the victim’s entrustment of the victim’s medical record appraisal to the Guro University Hospital in this Court, the victim may be recognized as having suffered from the frame at the bottom of the non-thrings requiring medical treatment for about seven weeks.

(3) The witness K had a large number of visual trees of the victim at the time when 30 minutes elapsed since the completion of ditches between the Defendant and the victim.

was stated.

The victim seems to have argued that the victim was exposed to the people on the spot immediately after the case.

In light of the parts and degree of such injury suffered by the victim, the time and background when K confirms the status of the victim, the actions of the victim immediately after the case, etc., the injury suffered by the victim was suffered by the Defendant’s act.

It is reasonable to view it.

(4) At the same time,

M, K, N, L, investigative agency and court of the court below stated that the defendant was frightened by the victim, and that the victim was over the floor while the defendant was frightened by the victim.

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