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(영문) 대전지방법원 2015.04.24 2014노3137
상해
Text

Defendant

B All appeals against the Defendant A by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of facts) Although the Defendant was aware of the fact that the victim A (hereinafter “victim”) was her chest, the victim was not injured, and even if so, the injury suffered by the victim cannot be viewed as an injury under the Criminal Act. The lower court’s sentence of unreasonable sentencing (3 million won) is too unreasonable.

B. The prosecutor (for Defendant A), the lower court’s punishment (for four months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. Determination on Defendant B’s grounds of appeal

A. In light of the following circumstances, the victim and G have credibility in the statements made by the police and the court of first instance, and the evidence duly adopted and examined by the court below can be sufficiently recognized by the fact that the defendant inflicted an injury on the victim.

Furthermore, in light of the part, degree, treatment period, etc. of the victim's injury, it is not sufficient to regard the injury suffered by the victim as an injury under the Criminal Act.

1) The victim consistently states that the Defendant and himself/herself suffered bodily injury since he/she made a statement from the police’s statement of damage in the lower court until the lower court’s trial court, and that he/she suffered bodily injury by putting flabbbing with each other. (2) G in the position of a third party unrelated to a special interest, as well as G, having been witnessed, reported to the police, and reported to the police, and the Defendant and the victim were over the Defendant, who was under the flabing of the flab, and the victim was over the Defendant’s body, and the victim was over the Defendant’s body.

3 A written diagnosis of the victim's injury shall include the following: (a) the erode and tensions of the bones of the victim (name of disease); (b) the erode and tensions of shoulder and arms; (c) the erogate and tensions of the erode; (d) the erode, shoulder, verh, the degree of injury; and (e) the pressure pressure and physical disability of the victim; and (e) the right shoulder.

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