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(영문) 광주지방법원 2014.01.24 2013노2022
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have inflicted any injury on the victim, and the victim’s superior position was committed by assaulting the victim, such as the victim’s shot, etc. on the preceding day of the instant case, but the court below found the Defendant guilty of the instant facts charged based on the victim’s statement and E, which erred by misapprehending the facts and affecting the conclusion of the judgment.

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court of first instance as to the assertion of mistake of facts. ① The victim stated consistently that “The victim transferred all the E’s property from the investigative agency to the court of first instance, the defendant was faced with the victim’s left chests, faced with the victim’s freeboard, and the victim’s statement about the situation at the time was considerably detailed; the victim was treated at hospital immediately following the occurrence of the case; the content of the injury diagnosis statement is consistent with the victim’s injury part mentioned (the victim was 300,000 won by assaulting the victim at the time of the preceding day of the case’s vegetable vegetable and the side vegetable, etc.). However, even though the victim was sentenced to a fine of 300,000 won by such criminal facts, the victim merely testified the victim’s intent to directly observe the victim, and there was no evidence of the victim’s testimony at the time of the victim’s injury.”

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