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(영문) 광주지방법원 2017.09.20 2017노161
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles did not inflict an injury upon the victim, and the chest scarbbing of the victim did not constitute an injury, the lower court convicted the Defendant of the facts charged of this case. The lower court erred by misapprehending the legal principles, or by misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court to have been duly adopted and examined by the lower court regarding the assertion of mistake of facts, etc., i.e., the victim, consistently at the investigative agency and the lower court’s court, consistently, when the victim injured the victim’s chest

(2) At that time, the statement

E also is consistent in the investigative agency and the court of the first instance that the defendant has consistently made the victim.

(3) At that time, the statement

GDo investigation agency also held that the defendant was on the chest of the victim, with a pipe of the walled by the defendant.

(4) In light of the facts stated in the judgment below, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim's chest part of the victim's chest, and the injury suffered is not an impediment to daily life and cannot be deemed an extremely minor injury that can be naturally cured within a short period, and it is difficult to conclude that the above injury does not cause an impediment to the victim's physical health condition and the function of life. The defendant's testimony by the witness J of the trial court is difficult to believe that the defendant's testimony does not interfere with the recognition of the above crime or otherwise there is no evidence to reverse it.

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