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(영문) 대전지방법원 2017.07.06 2016노2442
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not face with the victim by mistake of fact, and even if the defendant did not face with the victim by negligence, the victim was faced with the victim by negligence.

Even if the victim suffered injury as stated in the facts charged, the victim did not have to the degree of injury.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, namely, the victim, in the investigative agency, the lower court, and the lower court and the first instance court, “in passing through the entrance door, the Defendant was faced with head, shoulder, and the next gate by pushing the Defendant on the left side part of the lower left part with the right blus.

“The victim’s statement was generally consistent, specific, and there were no circumstances to suspect the credibility of the victim’s statement, and was a witness at the time of the instant case.

F The investigative agency, the lower court, and the first instance court, “The Defendant was pushed down with the victim as elbow while going back from behind the victim.”

In full view of the fact that “the above statement of the injured party is consistent with the victim’s above statement,” the victim visited the members of the K K Jeong-type branch on August 18, 2015, which was subsequent to the formation of the instant case, and was diagnosed on the multi-lateral coordinate (the left part), which requires two weeks’ medical treatment, and the victim was diagnosed on the right part, and the victim’s injury corresponds to the shock level stated by the injured party. In full view of the fact that the Defendant passed through the entrance, as stated in the facts charged, the victim suffered from the injury by side with the injured party at the time of passing the entrance.

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

B. As to the unfair argument of sentencing, the lower court determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too excessive.

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