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(영문) 서울남부지방법원 2017.01.12 2016노1899
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine has abused the victim at the time and place specified in the facts charged, there is no fact that the victim was injured due to such act of assault by the Defendant.

Even if the Defendant’s assault, as stated in the facts charged, suffered injury to the victim, such as sexual intercourse, etc.

Even if the injury can be naturally cured, it cannot be seen as an injury under the criminal law because it is limited to the extent that it can be naturally cured.

B. Even if all of the facts charged in the instant case are acknowledged, in light of the fact that the Defendant was under the influence of alcohol to commit the instant crime, the injury suffered by the victim was not severe, the Defendant was smoothly agreed with the victim at the investigation stage, and the victim did not want the punishment of the Defendant, and the Defendant was able to live faithfully without re-offending in the future, the punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant may sufficiently recognize the fact that the Defendant abused the victim as stated in the facts charged and inflicted bodily injury, etc. on the victim, and the injury is beyond the extent naturally cured, and thus, constitutes injury as defined in the Criminal Act.

The defendant's assertion of mistake or misunderstanding of legal principles is without merit.

1) The Defendant, by one hand, took the victim’s head debt and took another hand when the victim’s face was 15 times.

In light of the method of the Defendant’s assault, the part of the assault and the frequency thereof, etc., the instant case.

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