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(영문) 울산지방법원 2019.08.23 2019노25
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, by mistake of facts or misapprehension of legal principles, did not inflict a bodily injury on the victim by getting the head of the victim's body, the victim did not submit a photograph on the upper body, and did not receive a special treatment after the issuance of the written diagnosis, it cannot be deemed that the result of the bodily injury was caused to the victim. However, the judgment of the court below which found the Defendant guilty of the facts

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal doctrine, the Defendant’s head was recognized by the board of the victim, and thereby, the Defendant may also be recognized as having caused the result of the second flicking injury to the victim, which requires approximately two weeks of medical treatment.

Therefore, the judgment of the court below which convicted the defendant is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles, such as the defendant and his defense counsel's assertion, and this part of the defendant and

① The victim, from time of the complaint to time of the lower court and the lower court’s trial, consistently stated the major circumstances of the instant case, such as the background leading up to the victim’s head by the panel of the victim, the response of the victim, the process leading up to the examination by the hospital, the time when the defendant was taken a photo of the lower body, etc., and the credibility of the victim’s head is recognized because it is difficult to find contradictions between the above statement and the objective circumstances.

(2) The defendant and his/her defense counsel shall form a panel in the original judgment in the form where a steel plate with considerable strengths is sealed, and the above panel shall be a panel.

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