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(영문) 수원지방법원 2014.05.29 2013노6076

상해등

Text

All judgment of the court below shall be 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. misunderstanding of facts (conformation of facts with regard to the first judgment of the court below), although the victim flicked the victim's flick belt with his own flock, the defendant merely flind the victim and did not fit the body of the victim, the court below found the defendant guilty of this part of the facts charged. Thus, the first judgment of the court of first instance is erroneous by misunderstanding of facts, which affected the conclusion of the judgment.

B. As to the judgment of the court below on unfair sentencing (as to the second judgment on the judgment of the court below), the second court’s punishment (as to the fine of KRW 300,000)

2. Each appeal case against each judgment of the court below was joined in the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. Each of the offenses committed by the defendant in each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the court below. In this regard, each judgment of the court below cannot be maintained.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. The judgment of the court below on the defendant's assertion of mistake of facts (as to the judgment of the court of first instance), which can be recognized by the evidence duly adopted and investigated by the court below, that is, the victim made a statement corresponding to the facts charged in this case at the time of the police investigation, and there are no special circumstances to reject the credibility of the above statement, and the reference photograph (as to the page 13 of the investigation record of the court of first instance), the victim's appearance appears in the left arms. In the investigation report (as to the page 14-16 of the investigation record of the court of first instance), the police officer in receipt of a report on destruction of power distribution team on July 19, 2013, when the police officer confirmed the facts of the defendant while entering the site of this case and confirmed the facts of the defendant, the victim was assaulted by the victim

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