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(영문) 부산지방법원 2017.08.11 2017노1169
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case in the absence of a Handbag or the victim's arms toward the victim, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, namely, ① the victim was physically injured by the Defendant due to an assault from the investigative agency to the court of the lower court, as consistently stated in the facts charged.

A statement is made; ② The F stated in the court of the court below that “I sent the victim a red top part of the victim’s arms immediately after the crime of this case, and reported 112 at the victim’s request”; ③ The victim’s photograph taken from the police around April 18, 2016 under investigation by the police around April 1, 2016, it is readily possible to confirm that there is a well-known red top, and there is a hole in its surroundings. ④ The victim received a diagnosis from 100 won on April 19, 2016, on the following day of the crime of this case; ⑤ The victim continuously stated that the victim suffered injury from 2 weeks around April 18, 2016 to 200, the victim suffered injury from 100 won and 4 points of the diagnosis, 6 days after the crime of this case, and 14 days after the victim suffered injury from the Defendant’s disease.”

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