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(영문) 청주지방법원 2017.09.22 2017노486
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not see the victim’s part of his ship once a week, and only pushed the victim’s ship by hand.

Nevertheless, the court below pronounced guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court (one million won in penalty) is too unreasonable.

2. The following facts or circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant and the victim, while drinking tobacco in the D cafeteria around September 24, 2015, sent out of the restaurant to the Defendant to follow the issue of smoking the tobacco at his/her office; ② the Defendant and the victim, in this case, carried out physical fighting, such as drinking spons around the restaurant gate; ③ the Defendant and the victim, consistently from the investigative agency to the court of the lower court, and consistently carried out the body fighting from the Defendant as seen above, to the point of smoking the tobacco at his/her office.

In full view of the fact that the victim made an exaggerated statement, and (4) the victim made a statement that he was frightened by the defendant that he was frightened by the defendant, and was also frightened by his assault, in light of the victim's attitude to make the statement, it seems that the victim's credibility on this part is high in light of the victim's attitude to make the victim's statement, and (5) the defendant also recognized the fact that he was frightened by drinking the victim's frighten, even if the degree of exercise of force is weak, the fact that the defendant frightened the victim's ship, like the facts charged in this case, can be acknowledged.

Therefore, the defendant's above assertion is without merit.

3. Examination of the argument regarding the sentencing of the sentencing division;

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