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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2013.03.21 2012노2192
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts of the injury inflicted on March 24, 2012, Defendant (Definite and misunderstanding of legal principles), the lower court found the Defendant guilty of each injury inflicted on the part of the Defendant, even though the Defendant did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court erred by misapprehending the legal doctrine on the part of the Defendant, thereby adversely affecting the conclusion of the judgment.

B. The sentencing of the lower court (a fine of KRW 4 million) is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts and misapprehension of legal principles and evidence duly adopted and investigated by the court below, namely, ① the victim has consistently made a statement that he/she suffered bodily injury by assault from the Defendant from the police to the court of the first instance, and even if there was some exaggeration or wrong statement about the degree of assault, the statement is deemed to be credibility as a whole; ② the Defendant also held the victim’s arms on March 24, 2012, as he/she was placed on the part of the victim’s back-hand hand, and on April 4, 2012, the fact that the victim entered the toilet with his/her entrance as a toilet room and knife his/her head twice in the part of the victim’s head, ③ the victim was issued with his/her medical certificate from the E Center on March 25, 2012, and was issued with his/her medical certificate from the E Center on March 25, 2012.

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