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(영문) 전주지방법원 2017.07.07 2017노629
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the victim (the injury caused by violence) 1) has faced with the defendant's head, but this is due to the victim's bodily characteristics, and there was no causal relation between the defendant's assault and the victim's injury, and there was no possibility for the defendant to anticipate the occurrence of injury.

2) Even if the Defendant’s act causes injury to the victim

Even though it is extremely minor injury, it is naturally cured even without special treatment, and thus does not constitute injury to the crime of violence.

B. Mental and physical weakness (the part on the violation of the Act on the Injury and Emergency Medical Service of Violence) committed by the Defendant, at the time of committing the crime of assault and the violation of the Act on the Injury and Emergency Medical Service of this case, the Defendant was in a state of mental and physical weakness due to alcohol respect and depression.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles 1) Determination of the existence of a causal relationship between assault and bodily injury and the defendant's assertion to the same effect in the court below, and the court below rejected the above assertion by giving a detailed statement about the "determination of the defendant and his defense counsel's assertion" in the part of the "determination of the defendant and his defense counsel's assertion". In light of the records, the judgment of the court below is justified, and there is an error of misunderstanding of facts and misunderstanding of legal principles

Therefore, this part of the defendant's assertion is without merit.

2) In determining whether the crime of injury resulting from violence constitutes injury to a victim, the injury prescribed in the crime of injury to a victim refers to the alteration of the victim’s health condition, and the occurrence of a disability to his/her living function, and there is no need for treatment due to extremely minor circumstances in the victim’s wife.

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