(영문) 수원지방법원 2013.11.07 2013노2056 | 리걸엔진

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(영문) 수원지방법원 2013.11.07 2013노2056

상해

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant misunderstanding of facts did not cause an injury to the victim by threatening the victim, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine of KRW 300,000) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① The victim, in particular, from the investigative agency to the court of the court below, even though the victim did not want the punishment of the defendant, in the court of the court below, he consistently stated that the defendant was faced with stone with bomb, and caused the damage by bomb, etc.; ② the investigation agency at the time of the instant case, made a statement that the defendant was aware of the fact that the victim's chest was prone or prone of the victim's chest; ③ the victim's fat was partially consistent with the victim's statement; ③ the victim's can easily expect that the victim may suffer the injury if the victim was faced with the wall by bombing the fat of the victim's fat; ④ the photograph taken by the victim's body at the time coincide with the victim's statement; and the victim actually received the treatment on the part of the instant case, it can be sufficiently acknowledged as stated in the judgment of the court below.

Therefore, this part of the defendant's argument is without merit.

B. Age, character, character and behavior of the defendant, including the fact that the degree of injury of the victim due to the instant case’s decision on the allegation of unfair sentencing is not more severe, that the victim stated in the original court that the defendant does not want the punishment of the defendant, and that the defendant

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