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(영문) 대전지방법원 2014.04.10 2013노2414
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, even though the Defendant did not harming the victim, is erroneous in misconception of facts.

B. The sentence (one million won of fine, etc.) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. (1) As to the instant facts charged, the Defendant asserts that, in the process that two employees of both sides are removed from each other, they did not intentionally keep the victim out of her own, and that, in contrast, the Defendant did not intentionally keep the victim out of her own.

As to this, F, a victim’s employee, was present as a witness in the court of original instance, and stated to the effect that “The defendant and the victim, while the defendant and the victim got in a toilet by pushing the victim, they faced with the victim’s view to the escape of stairs, not when the defendant and the victim are drinking each other, but when they live in a dub and do so, they will go beyond one another.”

(2) Meanwhile, G, an employee of the Defendant, stated that the Defendant and four persons, including the Defendant, the victim, the F, and himself, etc., were able to see each other on the following day of the occurrence of the case, and the victim was injured because they were able to do so. On October 26, 2012, the investigation report prepared on October 26, 2012, stated that the victim was her knife by the flab, and the victim was her knick.

In the court of the court below, the examination was conducted on the difference in the contents of the G's statement. As a result, G does not mean that "as a result, four persons were described in detail in the process of overcoming four persons while drinking away, and it does not mean that the defendant and the victim exceeded the victim's losses.

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