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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.11.18 2016노2327
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not look at the victim C (hereinafter “victim”) due to brooms, and there was no fact that the victim brooms were brooms by hand.

It is difficult to view that the victim suffered a bodily injury as stated in the facts charged in the process of broomping broom and brooming the broom.

B. The lower court’s sentence is too heavy.

2. Determination

A. Considering the judgment of the court below as to the assertion of mistake of facts in light of the following circumstances acknowledged by the evidence investigated by the court below and the appellate court, the defendant used brooms and brooms to assault the victim, and the victim suffered bodily injury as stated in the facts charged during the process of preventing the defendant from attack or brooming the defendant with his left hand for defense.

Considering the video data of the closed-circuit (CCTV), the defendant seems to have exercised violence using brooms and brooms on a prior and continuous basis to the victim.

- After the victim was parked after the bus operation, the victim seems to have been parked, and there seems to be a knife and pushed ahead of the victim's timber with the victim's hand by driving it on the victim's hand.

Around 00:50 to 00:55 of video data CH1 on closed circuit (CCTV). - The Defendant continued to set up approximately 1 minute 50 seconds of the victim’s flick, brue, or skeing the victim’s flick until other employees move back, while the victim seems to have been passive resistance to remove the Defendant, such as the Defendant’s flick or flick.

Around 00:53 to 01:43 of the closed-circuit (CCTV) video data CH5, CH53 CH1:43 - 1) of the following: (i) of the closed-circuit (CCTV) video data CH302:28 to 02:33 - (ii) of the closed-circuit (CCTV) video data CH302:38 to 02:40 - the Defendant is not the subject of broom.

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