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(영문) 대전지방법원 2012.09.19 2012노851
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the crime of bodily injury on the ground that the defendant was unilaterally assaulted by the victim, and did not have assaulted the victim or followed the victim's development. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. Even if the facts charged of unfair sentencing are found guilty, in light of the fact that the Defendant was injured by assault by the victim, and that the Defendant supported the wife and the high school student’s children by driving the cargo, etc., the punishment imposed by the court below (2 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts (in the part of the crime of injury), the victim and the defendant fighted on their body, such as ① the victim's personal body, ③ the victim stated on the cargo transport-related information network, ④ the victim stated on the cargo transport-related cargo transport day, ④ the victim's complaint that he received less money than one day, and first contacted the victim before the Dovas, and first contacted the victim. ② The defendant and the victim met with the Dovas, ② the victim, who did not drink the alcohol on the Alers, and the victim did not receive money in relation to the above cargo transport day, and got a dispute with the victim's speech 5 to 6 times, etc., the victim and the defendant met with the victim's body. ③ The victim did not visit the police officer to the right side of the Hams and the left side of the Hams and the left side of the Tams.

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