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(영문) 대전지방법원 2013.10.24 2013노1895

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant was assaulted by H on April 14, 2013 from H, the lessee of the instant hotel, and the J. However, even though the Defendant did not assault by means of keeping the J’s body, taking a frighten, booming I’s hair and skeing, etc., the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) Although the Defendant did not interfere with H’s hotel business as shown in the annexed list of crimes in the judgment of the lower court, the lower court convicted the Defendant of this part of the charges, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

3) On April 29, 2013, the Defendant only confirmed whether the hotel business of this case was well equipped with several lots of vehicles outside the hotel, and did not intrude into the said parking lot beyond the fence of the hotel parking lot of this case, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and affecting the conclusion of the judgment. 4) Although the Defendant was parked on the road before the hotel of this case on May 8, 2013, the Defendant did not park his car for the purpose of interfering with traffic, the lower court convicted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The eight-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the first part of the judgment on the assertion of mistake of facts, the court below committed assault against the victims by taking the victim's neck by hand after having pushed the victim's J at the time and place in the judgment of the defendant, and by taking the victim's s s s s s s s s s s s s s s s s s s s s s s s s s ss