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(영문) 제주지방법원 2014.08.14 2014노42
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. There is no misconception of facts or misapprehension of the legal principle that the Defendant committed a mistake of facts or a mistake of the body of the victims by taking the head of the victims' hair and by his hand.

The victim E was only a victim to defend himself against the defendant's head when the victim F was drinking.

Since the defendant's act constitutes self-defense or legitimate act, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous or erroneous.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On May 2, 2013, the Defendant: (a) around 23:45 on May 2, 2013, the summary of the facts charged was at the female toilets at the main point of “D” located in “D,” and the victim E (26 years of age), F (n, 26 years of age) and Si expenses; and (b) took the victim E and the victim F’s head debt against them, and took part in the victim’s body part by hand, and took part in the victim’s body.

As a result, the Defendant inflicted bodily injury on the victim E, such as dynas, tensions, etc., on the victim E, and on the victim F, such as crynasium and tensions that require approximately two weeks of treatment.

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

C. The court below’s witness E and F’s statements and statements, police interrogation protocol on E and F’s interrogation protocol, each victim’s photo, and each diagnosis document, which are evidence consistent with the facts charged in the case of this case, are insufficient to recognize the facts charged in this case where the defendant suffered bodily injury, by putting the victim’s head, making up the victim’s head, and making it possible to see the record as follows.

① The victims shall be from the toilet of this case.

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