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(영문) 전주지방법원 2014.08.22 2014노473
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not have carried the c’s bat and sphered together with the fat, and it did not constitute a justifiable act by cutting off the Defendant’s spat, cutting off the spat, bating the Defendant’s spat, fating the spat, and spating the Defendant’s spat, and it did not constitute a lawful act. However, even though the Defendant spatded the Defendant’s spat, there was no fact that

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by mistake or misapprehension of legal principles.

2. Determination

A. In determining injury to C, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① even based on the Defendant’s statement, the fact that the Defendant puts a baton in C’s baton (Evidence No. 49), and ② the fact that the Defendant’s statement was somewhat exaggerated (Evidence No. 49)

Even in light of the following: (a) the part in which the Defendant was salbling and sallling the fransh was clearly and consistently maintained from the investigative agency to the court below’s trial; and (b) the injury part in C’s upper part of the damaged body and the injury part in C’s diagnostic report on the photograph (Evidence No. 16 of the evidence record) taken on the day of the instant case consistent with C; (c) the Defendant may be recognized as having inflicted an injury upon C by salbling the salbage; (b) even if the Defendant’s motion was salbling, it is difficult to deem the Defendant’s act as a justifiable

Therefore, the defendant and his defense counsel's above mistake of facts or misapprehension of the legal principle as to this part of the facts charged is not accepted.

B. Determination 1 as to injury to D) The summary of this part of the facts charged is as follows: (a) the Defendant is the victim D (e.g., 72 years of age) who was dissatisfied with C, as stated in the facts constituting a crime in the field of pine trees located in the E-Si of Jung-Eup, Jung-gu, Seoul, around 09:50 on March 17, 2013.

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