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(영문) 대구지방법원 2015.12.24 2014노3659

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The victim was not injured by a fighting with the Defendant’s body due to a fighting between the Defendant and the victim and the victim’s body.

B. The sentence imposed by the Prosecutor (six months of imprisonment) is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. On March 19, 2014, the Defendant: (a) around 21:45, the Defendant: (a) took a 3-party 103-party 103-party 29-ro, Young-si, Young-si, 201; (b) took a bath to the victim C (48 years of age) who was fright an elevator under the influence of alcohol to “this ringer, fright fright, frighten, frighten, frighten, frighten, frighten, frighten, frighten, etc.”; and (c) took a physical fighting against the victim, the Defendant frighted the chest from the elevator’s outer corridor by continuously putting the Defendant out of the elevator and pushed the body of the victim, and continuously divided the victim from the front side of the 103-dong parking lot to the right wall of the victim, and cut off the chest into the right part of the apartment and cut the kne.

B. The following facts and circumstances, which can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, are the following facts and circumstances, namely, (i) C was pushed over and faced with the wall gate, but it appears not to be a situation where the wall gate is situated on the left side of C when it goes beyond C, such as C’s statement, and the right gate is faced with the wall gate, and (ii) C was unable to go against the wall gate, due to the pain immediately after the assault, and 119 emergency vehicles were taken on the part of the 119 emergency rescue team, and then getting on and off the hospital.