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(영문) 부산지방법원 2016.01.29 2015노2654
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant, as stated in the facts of the crime in the judgment below, did not inflict an injury on the victim as stated in the judgment of the court below, and the victim only led the defendant's her sensium, and the defendant will bear the medical expenses of the victim.

Although the facts charged in this case were found guilty, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant was guilty of the facts charged in this case, since the defendant was the victim of the Do.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination:

A. The victim’s medical certificate of injury submitted by the victim of the crime of injury in relation to a mistake of fact generally ascertains the cause of injury on the basis of the victim’s statement, and describes the part and degree of injury to observe and determine by mobilization of medical expertise, and it is insufficient to be a direct proof of the fact that the injury as stated above was caused by the Defendant’s criminal act. However, there is no circumstance that the date and time of the diagnosis of the injury are close to the point and time of the occurrence of the injury, and there is no special reason to suspect credibility in the process of issuance of the written diagnosis of injury, and where the victim’s part and degree coincides with the cause and circumstance of the injury alleged by the victim, unless there is any special circumstance such as where the victim was discovered, or where the victim prepared a false medical certificate from a third party, such medical certificate of injury shall not be rejected without reasonable grounds (see, e.g., Supreme Court Decision 201Do1278, Jan. 27, 2011).

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