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(영문) 대전지방법원 2014.12.04 2014노592
상해
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In fact, it was true that the defendant in mistake of facts made a dispute with the victim in front of the E community hall on March 5, 2013. However, since the horse dispute occurred in the vicinity before the body fighting and the residents in the surrounding areas were able to prevent the victim from spreading with the body fighting, there is no fact that the defendant inflicted an injury on the victim when the defendant s/he s/ she s/ she s/ she s/ she s/ s/ she s/ she

The sentencing of the court below's decision on unfair sentencing (2 million won of fine) is too unreasonable.

Judgment

The following circumstances acknowledged by the court below's determination of mistake of facts and the evidence duly adopted and examined by the court below and the trial court. ① The victim made a concrete and consistent statement from the investigative agency to the court below to the court below to the effect that "G, the head of the village, who was the victim at the time of the instant case, was able not to prevent the defendant from blocking his body fighting," and that the defendant was satisfying due to the gap, and the defendant was satisfying the defendant's drinking face." ② G from the investigative agency to the court below, to the court below's trial, "the defendant was fighting between the defendant and the victim at the time of the instant case." However, it was hard to find out the credibility of the defendant's statement to the purport that "at the time of the instant case, the defendant was fighting between the defendant and the victim at the time of the instant case."

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