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(영문) 대전지방법원 2014.04.17 2013노2459

상해등

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

With regard to the mistake of facts on December 2012, 2012, the defendant did not assault the victim E, but did not assault the victim.

With regard to the point of assault on February 26, 2013, the defendant was assaulting the defendant and did not assault the victim in the course of assaulting the defendant and preventing the defendant from harming him.

With regard to the point of injury on February 28, 2013, while the defendant had a verbal dispute with the victim, the defendant was able to prevent the victim from sustaining his/her hands first in his/her intention to prevent him/her, and the victim was faced with his/her head on the back wall after getting his/her center, and the defendant did not inflict any injury on the victim.

The sentencing of the court below's decision on unfair sentencing (three million won of fine) is too unreasonable.

Judgment

On December 2012, 2012, the lower court duly adopted and investigated the following circumstances acknowledged by the evidence. In other words, the victim stated from the investigative agency to the court of the lower court that: (a) “The victim, in the process of dividing the Defendant’s speech, her booms the Defendant’s her bridge, and her bridges the Defendant’s booms, her booms the Defendant’s bridges, following the victim’s breath, and her bridges the victim’s breath, following the victim’s breath.” In light of the consistent and concrete circumstances, the statement does not seem to have any particular circumstances to suspect credibility in light of the consistent and following circumstances; and (b) even if the Defendant taken the breathal bridge at the time, it is sufficiently recognized that the Defendant committed an assault to the victim as stated in paragraph (1) of the crime in the lower judgment.

This part of the defendant's assertion is without merit.

February 26, 2013.