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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.04.24 2012노2455
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below determined that the crime of injury was established as shown in the facts charged even though the defendant had a flabbbbial of the victim C, but the victim was not injured for about 42 days in need of medical treatment. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (2 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the court below and the court of original judgment are acknowledged by the evidence duly examined and adopted by the defendant. ① At the time of this case, the victim has consistently made a statement that he was unable to duplicating the body of the victim by duplicating it from the investigation stage to the court of original instance. ② At the time of this case, the witness I and K did the victim's breath, and the surrounding people were removed from the victim's breath because the defendant did not have considerable force, ③ The victim could have taken care of the victim's breath because he was within the L hospital immediately following the day of this case. ④ The result of inquiry about the doctor's use of the L Hospital Mat at the time of the investigation into the victim's face, ⑤ The victim's galth of the victim's face could not be found to have been directly related to the victim's face at the time of the defendant's use, ⑤ the victim's 2nd of the injury.

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