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(영문) 춘천지방법원 강릉지원 2019.11.28 2019노211
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the injury of the victim of mistake of facts D, the injury suffered by the victim is not caused by the assault of the defendant.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Various circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake, namely, victim D was investigated by the police immediately after the defendant and the body fighting, and stated that "the head and shoulder face and the chest are humped, and the body of the victim was hump", E who observed the situation at the time, and C also stated that the defendant was humbbbling with the victim D's body several times, and that the victim D was humbing with the victim's body at the time of the crime of this case, and that the victim's first diagnosis and treatment of the victim's humbing team's disease at the Han-gu Hospital on July 19, 2018, after being hospitalized with the victim's first humbing force after being hospitalized with the victim's disease at the time of the first diagnosis and treatment of the victim's humbing base (the first diagnosis and treatment of the victim's disease occurred at the time of the crime of this case, but the victim's first diagnosis and treatment of 2814.

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