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(영문) 서울중앙지방법원 2016.01.21 2015노2777
상해
Text

The defendant's appeal is dismissed.

In the first instance of the trial, the prosecutor's injury was found guilty by the court below.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts or misunderstanding the legal principles, there was no intention to inflict an injury on the Defendant, and there was no causal relation between the Defendant’s act and the victim’s injury, and the victim suffered an injury to the extent that the physiological function was damaged.

shall not be effective.

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

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below on the assertion of misunderstanding the facts or legal principles: (i) the Defendant: (a) caused the defective victim in order to have the victimized person pregnant while waiting for marriage by having the Defendant know about his/her mobile phone; (b) caused him/her to go through the Defendant’s cell phone; and (c) the victim was issued a written diagnosis at the hospital on September 30, 2014, following the date when she flicked her pain; (d) the victim was issued at the hospital on September 30, 2014; and (e) the above written diagnosis stated that the injury was caused by the flick, the sphere and flick part of the sphere, the sphere and sphere part, the sphere part of the sphere part, the sphere part, the sphere part of the sphere part, and the sphere part at the time.

(4) In full view of the fact that the victim was undergoing a surgery on the upper part of 2012, but it appears that there is no fact that he was attending a hospital or being treated before the occurrence of the instant case after the surgery, etc., the defendant is injured to the extent that the completeness of the body of the victim is damaged or that the physiological function is hindered by assaulting the victim as stated in the judgment of the court below.

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