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(영문) 서울동부지방법원 2013.06.13 2013노77
상해
Text

All judgment of the court below shall be reversed.

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B The above fine.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant B (the factual error) guilty of the facts charged of bodily injury against the victim even though he did not inflict any injury upon Defendant A, and was unilaterally charged by Defendant A, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Although there is sufficient evidence to prove that Defendant A was injured by the victim B, the judgment of the court below which acquitted Defendant A of the facts charged of the injury on the part of Defendant A, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. Ex officio determination: (a) The prosecutor examined ex officio; (b) while maintaining the existing facts charged against the Defendants first and alternatively, he stopped the name of the crime against the Defendants, applicable provisions of Articles 262, 260(1), and 257(1) of the Criminal Act; and (c) the facts charged against the Defendants B on March 14, 2012 in front of the sexual market in Gangdong-gu Seoul Metropolitan Government 225-19, the Defendant asserted that, at around 02:05, the victim, who was a victim side of the Defendant, she stopped the victim’s own Obab, and left the Defendant’s husband, left the Defendant’s husband, and left the Defendant’s husband, and took action against the Defendant, such as thrown away, and thrown away, from the Defendant’s body in the future, he did so under the premise that the victim’s body and the victim’s body were subject to a change in the indictment.

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