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(영문) 인천지방법원 2014.04.25 2013노3099

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts as to the part of the charge) was found to have been guilty of the assault of this case among the facts charged of this case, and the judgment below affected the conclusion of the judgment by misunderstanding the fact that the defendant was guilty of the assault of this case.

In light of the method and degree of assault committed by the defendant by the public prosecutor (misunderstanding of facts as to the acquittal portion) and others, the court below erred by misapprehending the facts or by misapprehending the legal principles that acquitted the victim of the injury among the facts charged in this case, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts, C, the victim, from the investigative agency to the court of the court of the court below, made a concrete and consistent statement from the investigative agency to the effect that “the victim demanded that the victim communicates as a matter of drinking alcohol and taking in injection to the Defendant, the Defendant took twice the victim’s face with the hand floor, and that the victim saw the victim’s body toward bee and scencing the victim’s body toward bee and scencing the victim’s body toward bee and scencing from the beecenced,” and made it credibility in the statement. In light of the fact that the Defendant made a statement at the investigative agency that the victim took the body toward bee and scencened, the Defendant’s argument is sufficiently recognized, and therefore, the Defendant’s argument is without merit.

B. The evidence duly adopted and examined by the lower court and the lower court as to the Prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine, in particular, the following circumstances acknowledged by C, each of the statements made at the investigative agency and the lower court and a copy of the medical record (E hospital), and ①.