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(영문) 대전지방법원 2014.02.12 2013노1968
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. misunderstanding of facts 1) Although the Defendant in the damaged part of the property damage saw the front door of the victim apartment building, the Defendant did not damage 2.90,000 won of the repair cost. 2) The Defendant’s back timber of the injured part is consistent with the fact that the Defendant inflicted an injury on the victim, such as the victim’s face when making two times of the victim’s face, by drinking.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① the defendant had been living in Seo-gu C Apartment 101 Dong 201, and the victim D had not been able to reach the space prior to this case due to the noise complaint of the apartment; ② the defendant's wife on the day of this case asked that noise would occur; ② the defendant's wife and the victim's wife were in dispute with the victim's wife; ③ the defendant who returned home to home with the victim's wife and the victim's wife were 301 and went back to 301; ④ the defendant was able to see the victim's body in the process of using the victim's body fighting; ④ the victim's body and the victim's body were satisfyed beyond the victim's body and the victim's body were satched to the extent that the victim's body and the victim's body were seriously satisfyed; and ⑤ the victim's body and the victim's body were fighting.

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