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(영문) 대구지방법원 2012.11.08 2012노1518
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a tension between the defendant and the defendant in mistake of facts, the court below which found the defendant guilty of all the facts charged of this case even though he did not harm the victim, or even though he did not harm the victim, there was an error of law that affected the conclusion of the judgment by misunderstanding the facts.

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

2. Determination

A. We examine the argument of mistake of facts. The following circumstances found in the "judgment on the argument of the accused and the defense counsel" column of the judgment of the court below and the "judgment on the argument of the accused and the defense counsel" comprehensively based on the evidence duly adopted and examined at the court below and the court of the trial. ① He witnessing the scene of the case at the time was in the court of the trial (i.e., "the defendant was dead and the victim was faced with his arms, and the victim attempted to get out of the defendant's bridge," but the defendant was her body with her her her son, and even if this situation was reported, the witness was her son, etc. at that time, and the defendant was knee with the victim's her part, such as the victim's her her son, and the victim was unable to get out between the victim's her her bridge and the defendant's her her son's her son's her son's her son's her son's her son and her her her her son.

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