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(영문) 춘천지방법원 2012.11.21 2012노239

상해등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not inflict any bodily injury on the victim.

B. In light of the fact that a dispute between the Defendant and the victim continues to exist for several years, and that there was no witness to the instant property damage and damage due to the injury of the Defendant and the victim, etc., there is sufficient evidence to acknowledge the Defendant’s crime. 2) The sentence of the lower court’s unreasonable sentencing (one million won of fine) is too unreasonable and unreasonable.

2. Determination

A. We examine the defendant's grounds for appeal, the witness E and F made a statement to the effect that the defendant suffered an injury as stated in the facts charged in the facts charged in light of the circumstances such as the part of the defendant's injury in the court below's trial. The above witness's statement is specific and consistent in the main part from the investigation agency to the court below's trial, and it is not particularly distorted or false (it does not interfere with recognizing the credibility of each of the above E and F's statements even according to each of the above E and F's statements made by the witness J and K's own statements). According to the witness's diagnosis written on August 25, 2009 after the day of the crime of this case, E's injury suffered by E is the influor, etc. of the left blue part, and the part of the above witness's statement and examination of mistake of facts are not sufficient in full view of these facts charged by the above witness's statement and examination of facts.

B. The prosecutor's evidence of criminal facts is presented in the criminal procedure of determining a mistake of facts regarding the prosecutor's grounds for appeal, and the defendant's appeal is the change of the defendant.