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(영문) 창원지방법원 2013.12.06 2013노1323
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The gist of the grounds of appeal is that the Defendant only spabling the bomb and spath, but did not inflict an injury on the victim, and the victim suffered an injury on the spawn spawn for other reasons. As such, the injury diagnosis report submitted by the victim is irrelevant to the Defendant.

Nevertheless, the court below found the defendant guilty of the facts charged in this case and erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Judgment on the defendant's assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the court below and the court below’s duly adopted and examined evidence, i.e., (i) the victim stated in the investigative agency and the court below that the Defendant and the victim were in favor of breathing and pushing ahead with each other; (ii) the Defendant made a statement to the same purport in the investigative agency and the court below; and (iii) the Defendant made a statement in the prosecutor’s investigation that he had the breathing of the victim’s breath, as indicated in the facts charged in the instant case, it can be acknowledged that the Defendant had the breathing and sha

B. Furthermore, this paper examined whether the Defendant’s above act inflicted an injury on the victim.

According to the above evidence, the victim was treated in vertebrates and climatics from the past due to spine separation certificate, climatics, etc., and it is recognized that the victim was treated in vertebrates on April 12, 2012 before the occurrence of this case.

However, according to the above evidence, it is recognized that the victim was issued a medical certificate to the effect that he/she was given treatment, such as being satisfy on the part of the injury on May 16, 2012, after the occurrence of the instant case, and that he/she was at the time given treatment, such as having satisfy on the part of the injury, and that he/she suffered bodily injury on the satch satfy and satfy on May 17, 2012.

In full view of the above facts of recognition, the victim is the defendant.

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