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(영문) 부산지방법원 2019.04.26 2019노430
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, did not have inflicted an injury on the victim by assaulting the victim.

B. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, the Defendant may be recognized as having inflicted an injury on the victim by assaulting the victim as stated in the instant facts charged.

Therefore, the judgment of the court below is just and acceptable, and the defendant's assertion is without merit.

(1) The aggrieved person consistently states the facts and developments leading up to the occurrence of the assault from the Defendant, as described in the facts charged of this case, from the investigative agency to the original trial.

The statements of the victim are specific enough to make it impossible to make a statement unless the victim is the actual victim.

In addition, in light of the fact that police officers were dispatched to the scene of the occurrence between the defendant and the victim's mother-child relationship at the time of the instant case, but the victim was assaulted by the defendant while photographing the process, etc. on a cell phone, and immediately dispatched the fact of the assault to the police officer, etc., the victim cannot be deemed to have made a false statement in order to

In light of these circumstances, the victim's statement has credibility.

② On March 6, 2018, the day following the occurrence of the instant case, the victim was issued a medical certificate of injury. The victim’s injury part and degree stated in the above medical certificate of injury seems to conform to the cause and details of the injury the victim stated.

In addition, there is no circumstance to deem that the victim suffered bodily injury due to the defendant's assault, in addition to the defendant's assault.

B. There is no change in the conditions of sentencing compared with the first instance court's judgment on the assertion of unfair sentencing.

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