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(영문) 서울중앙지방법원 2013.07.18 2013노1321

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The fact-finding defendant's body did not use violence against the victim's body only if he/she fights with the victim.

B. In light of the background leading up to the Defendant’s instant crime, etc., the sentence of imprisonment by the lower court (one million won of fine) is too unreasonable.

2. Determination:

A. Regarding the assertion of mistake of facts, the court below duly adopted and examined the following circumstances, namely, ① the defendant and the victim met with each other and made a statement by mutual consent during the process of playing fat and fating with each other; ② the victim D appeared in the court of the case as a witness and came to know of the fatum for the treatment of fats after the instant case, and stated that the victim was faced with the fatum at the Fatum, and that the defendant was faced with his face from the police to the court of the trial, and consistently stated that the defendant was faced with the fatum face of the victim by taking into account the following facts: < Amended by Presidential Decree No. 17514, Mar. 1, 2007>

Even if this is not different, this part is not different.