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(영문) 광주지방법원 2014.12.26 2014노1415
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was assaulted by the victim, and did not inflict an injury on the victim.

B. The sentence of the lower court (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is sufficient to recognize the fact that the Defendant inflicted an injury on the victim as stated in the facts charged, so the above assertion by the Defendant is

1) The victim consistently stated, from the investigative agency to the court of the court below, that “the defendant told from G that he had expressed his desire to make a female-friendly job offer F of the victim, and that it was resisted by the defendant, and that the defendant got out of the victim’s face, and that the defendant was going beyond the victim’s face to avoid it.” At the time, F, who was at the scene, was suffering from the body of the murdering system, was consistently stated to the effect that “F,” and the defendant consistently stated to the effect that, until the investigative agency and the court of the court of the court below, the victim raised his objection against the defendant, and that, as such, the victim got out of the victim’s face, G was consistently stated to the same effect in the investigative agency and the court of the court of the court below.

3) The Defendant also recognized the fact that the victim had avoided tobacco at the time he had been the victim himself (Evidence No. 36 pages). 4) The victim was issued, from the instant crime, a written diagnosis of injury on September 6, 2013, that the victim sustained an inspection of the face value of 2 degrees pictures and the left-hand hand book at the Naju General Hospital on September 6, 2013 (Evidence No. 31 page of the evidence record), and the part and degree of the injury as indicated therein are the cause and degree of the injury the victim stated.

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