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(영문) 서울동부지방법원 2015.01.15 2014노1170
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding and misapprehension of legal principles, the Defendant avoided the Defendant’s pro rata L, the Defendant’s father, claiming for the payment of money to the Defendant’s pro rata L, which is the Defendant’s father, and did not cause injury by breaking the victim’s arms in excess of the victim’s arms as indicated in the facts charged, and there was a physical contact with the victim.

Even if this is the act of political party that occurred in the process of suppressing the victim who interferes with marriage awareness.

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 judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is acknowledged based on evidence duly adopted and investigated by the court below, i.e., ① the victim made a statement on the part of the defendant after changing the order of assault from the first complaint to the court of the court below, but consistently made a statement from the first complaint to the court of the court below that the defendant was drinking himself/herself, sold, sealed him/her, and broken down, ② the defendant's small part of the defendant and the victim's birth, ② before the mistake in the court of the court of the court below, E, which was the defendant's speech before the mistake in the court of the court of the court below, made a statement consistent with the defendant's argument that he/she did not want the victim and did not assault the defendant's attitude immediately after the mistake in the court of the court of the court of the court below, and the facts that the victim was in his/her own tree, such as the statement of the court of the court of law, were recognized as the facts that the victim was in his/her own opinion.

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