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(영문) 광주지방법원 2013.04.24 2013노70

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts: (a) around 18:00 on July 11, 201, when 18:00, the Victim was knife with the Victim during the process of preventing assault by the Victim; (b) during that process, the Victim voluntarily lost the center and went beyond the dry field, and knife the Victim’s finger; and (c) the Defendant does not inflict an injury on the Victim by taking the Victim’s hand as indicated in the facts charged.

At around 19:00 on July 11, 201, the Defendant only prevented the Defendant from taking the Defendant’s hand in the course of blocking the Defendant’s neck and head, who was seated in the taxi head, and did not have any knife the Defendant’s head.

Therefore, the judgment of the court below that found all of the facts charged of this case guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment and the evidence duly adopted and examined by the court of first instance as to the assertion of mistake of facts: (i) the victim: (a) around July 11, 201, at the court of first instance, determined that the Defendant “influorous trees” was extracted from the Defendant; and (b) the Defendant went beyond the dry field to go beyond the dry field. The Defendant assaulted the Defendant’s head and arms in the dry field. The Defendant was on the back of the taxi located in the taxi located in the taxi where she tried to go to go to the taxi hospital. The Defendant was on the back of the taxi located in the taxi located in the taxi and moved to the hospital. At the time, the Defendant was considered to go to the I Hospital, but he refused to go to go to the I Hospital; and (c) the Defendant was on the back of the taxi located in the front body of the Defendant.”