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(영문) 서울서부지방법원 2014.10.17 2014노1033
상해
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts did not inflict an injury upon the victim E’s face when drinking, and did not inflict an injury upon the victim F’s face when drinking by hand, the lower court convicted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the facts.

(2) The lower court’s sentence of unreasonable sentencing (one million won of fine) is too heavy.

B. The prosecutor (1) found the Defendant not guilty of this part of the facts charged, despite the fact that the Defendant inflicted an injury upon C by lubing a mistake of fact with a lubane part of the judgment below.

(2) The lower court’s sentence of unreasonable sentencing is too minor.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (a) the victim E and F reported that they were assaulted by the Defendant to the police immediately after the instant case; and (b) on September 8, 2012 following the date of the instant case, the Defendant was issued with a written diagnosis of injury on the part of the Defendant on which the Defendant was assaulted by each of the Defendant; (c) the investigative agency and the court of the lower court consistently stated that there was the fact that the Defendant was assaulted by the Defendant as stated in the facts of the offense in the lower judgment; (d) the statement on the circumstance of the instant case was specific, probable, and consistent with each other; (b) the Defendant stated that it was only a victim’s assaulted by the Victim F; but (d) the Defendant stated that it was only a victim’s assault at the time of the first investigation by the police at the time of the instant police station, and that there was no fact that it was only a victim with the victim’s interview.

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