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(영문) 수원지방법원 2013.04.11 2013노362

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (in fact-finding and unreasonable sentencing) do not contain any fact that the defendant gets involved in flabbage of the victim. However, even though the defendant was involved in flabing his hand to defend the victim's assault, the court below erred in the judgment of the court below and affected the judgment. Even if the court below found the defendant guilty, the court below asserts that the punishment of the defendant (the fine of 300,000 won) is excessively unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below on the argument of mistake of facts, ① the defendant is a member of the above church as a member of the building site of the above church, the victim is the head of the above church, the witness F of the court below is the director of the construction site of the above church, the witness G of the court below is the chairman of the company where the defendant is present, ② at the time of the above case, there was a difficulty in raising the construction cost and requested the construction to receive the loan from the part of the trial, and the defendant was also asked to introduce G to the mediation of the loan to consult, and the defendant, the victim, the F, and the G was sent to the defendant, the defendant, the victim, and the G was sent to the person who arranged the loan. ③ The above four persons did not properly examine the materials delivered in advance by the victim who is the part of the trial at the same time, and the defendant was paid to the victim, ④ The defendant and the victim were able to do so.

The fact that the force of force, such as unloading, has been exercised by the Defendant, and the Defendant reported to the police immediately after the instant case. According to the photographs taken by the police officer on the part of the victim, the parts of the wood are red, and the Defendant and the victim f testified to the effect that the Defendant and the victim f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f