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(영문) 서울북부지방법원 2018.06.01 2018노265
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by his hand, did not assault the victim’s face and part of the victim D, and did not assault the victim’s face by drinking.

Victim E suffers from the injury of "damage to Character of Impeachment" that requires treatment for about 14 days by self-harm.

Therefore, the judgment of the court below convicting each of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant is sufficiently recognized that the defendant inflicted an injury on the victim’s face and neck as stated in the crime, and assaulted the victim’s face and neck, and the victim’s face was 14 days when taking care of the victim’s face in drinking.

Therefore, the judgment of the court below which found the defendant guilty of the crime of this case is just, and there is an error of law that affected the judgment by misunderstanding facts.

subsection (b) of this section.

The defendant's assertion of mistake is not accepted.

1) The Defendant also recognized the fact that he had a serious body fighting with victims in the state of interest at the time.

2) The victim E and D assaulted the victim E and D with the content unfavorable to them from the investigative agency to this court by taking the face of the defendant.

Recognizing the entire fact, the Defendant consistently stated to the effect that “the Defendant, in the process of physical fighting, abused the victim’s face and neck by hand, and harming the victim’s face by drinking,” and consistently stated to the effect that “the Defendant, in the process of physical fighting, assaulted the victim’s face.”

3) At the time of the instant case’s body, the F of the neighboring family residents who observed a fighting match between the victims and the Defendant is also the Defendant and the Defendant in this Court.

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