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(영문) 수원지방법원 2018.03.22 2017노7126
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 피고인은 피해자가 먼저 자신의 머리를 잡고 흔들어 피해자의 손을 잡고 떼어 내려 했을 뿐, 피해자의 머리를 잡고 목을 할퀸 사실이 없다.

In the case of the defendant, the injured person was injured by the act of the defendant

Even if the defendant did not have the intention of injury, and the defendant's act constitutes a legitimate defense or legitimate act by passive defensive act.

Nevertheless, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The victim stated in the investigative agency and the court of the court below that “the defendant continued to have a marbly married after having a dispute with E division,” and that “the defendant made a marbly mard with E division,” and the victim threatened the victim with the dispute, threatening the victim by taking the dispute, and then, he was able to sar and sar the head of each other.”

The following circumstances, i.e., ① the victim’s statement is consistent and has no particular contradiction, and the victim’s mistake is admitted in a net manner, ii) the evidence duly adopted and examined at the court below.

G, H’s investigative agency and court of the court below fully conforms to the victim’s above statement, and ③ The victim’s statement is deemed to have credibility in light of the following: (a) the statement in the medical certificate of injury submitted by the victim and the image of the photograph conforms to the part and degree of the victim’s injury.

In full view of the circumstances acknowledged by the aforementioned evidence, the victim’s investigative agency and the court below’s statement, which are acknowledged as credibility, the Defendant saw the victim’s head debt as stated in the facts charged.

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