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(영문) 부산지방법원 2016.10.06 2016노1319
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not intend to inflict an injury on the victim, and the wife suffered by the victim does not need medical treatment and does not constitute a crime of injury as naturally cured.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts is reasonable to view that there was an intentional injury on the part of the Defendant in light of the situation at the time of the occurrence of the instant case acknowledged by the evidence duly adopted and examined by the lower court, the degree of violence committed by the Defendant by the victim, and the degree of injury inflicted on the victim. Therefore, this part of the Defendant’s assertion is without merit. The injury in the crime of injury as to whether the injury constitutes an injury refers to the injury inflicted upon the completeness of the victim or the physiological function of the victim (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 200). According to the evidence duly adopted and examined by the lower court, the victim was issued with a written diagnosis of injury that requires medical treatment for about two weeks at the time of the instant crime. If the Defendant’s body was damaged by drinking and drinking, etc. on several occasions, and the victim’s body was entirely damaged by the victim’s body, etc., and the victim’s body was entirely damaged by the victim’s statement and retail.

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