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(영문) 광주지방법원 2013.08.21 2013노1073
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since there was no fact that the Defendant, among the judgment below, inflicted an injury on the victim with regard to the crime 2-A, the lower court erred by misapprehending the facts.

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

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., the victim stated in the court of the court below that " around October 21, 2012, at the defendant's house, the defendant exceeded the victim's body by pushing ahead with the victim's body, was taken by hand, and the victim's face was taken by hand, and the defendant's wife's wife was shabbbbbbbbbbbbbs, and the victim's right-hand hand was shakens," and that the victim's body and degree of the injury stated in the video and diagnosis of the damaged parts correspond to the victim's statement, it is sufficient to find the defendant guilty of this part of the charges. Thus, the above argument by the defendant is without merit.

B. In light of the favorable circumstances, such as the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment is deemed to be unreasonable, and thus, the Defendant’s above assertion is reasonable, given that the Defendant committed the instant crime in the course of setting up against the Defendant by assaulting the Defendant first, and the victim committed the instant crime in the process of setting up against the Defendant, and the victim was injured by six principal caution prior to the victim, compared to the injury by the former two principal cautions, and that there was no criminal power in the same kind of crime, and other favorable circumstances, such as the Defendant’

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the summary of the evidence;

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