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(영문) 제주지방법원 2015.01.08 2014노195
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was only engaged in smuggling with F’s flaps, and did not unilaterally commit assault from F.

The court below erred in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

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

가. 공소사실의 요지 피고인은 2013. 1. 30. 06:30경 제주시 구좌읍 김녕리에 있는 김녕항 해양파출소 앞 노상에서 E과 선박 출항문제로 말다툼하던 중 이를 보고 있던 F가 따로 이야기하자고 하자 피우고 있던 담배를 든 손으로 F 얼굴을 향해 삿대질하였고, 이에 F가 “야 이 호루새꺄”라고 욕설을 하는 것에 화가 나 한 손으로 F의 멱살을 잡고 다른 손으로 안면부를 1회 때려 바닥에 넘어뜨려 F에게 약 2주간의 치료를 요하는 목뼈의 염좌 등을 가하였다.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the presented evidence.

C. In full view of the following circumstances revealed through the records of the party deliberation, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant inflicted an injury on the bones, etc. of the bones of trees by destroying the F’s inside part of the body once more than the floor. Therefore, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of facts.

1 F, from the police to the original trial court, from the police to the trial court, the defendant took a bath in order for him to substitute the article with a cigarette, and the defendant took his balth with a hand when he saw his balth, flap with another hand and flap his balth, and f took her balth with another hand, and then f took his balth and flap with his own balth, etc., and made a statement corresponding to the above part of Edo F.

However, in light of the following circumstances, it is difficult to believe that the F and E’s respective statements are in trust.

F.2.2

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