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(영문) 광주지방법원 2014.11.05 2014노1065
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) due to erroneous parking of facts, Defendant 1 committed the act of the victim, i.e., one during the commission of the victim, and the victim’s act was committed, such as cutting the head debt of the defendant, breathing breath, etc., and the defendant was in the ground floor, but there was no fact that the victim’s face was boomed, or that the victim was boomed. 2) The lower court’s sentence of unfair sentencing (two years during the suspension of the execution of imprisonment for six months) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts are, namely, the victim consistently from the investigative agency to the court of the lower court, to the point of view, “The Defendant and G resolved on the parking problem, and thereafter, they were the head of the Defendant at the time of leaving the mind that they did not memory. The defense vehicle that the Defendant attempted to leave the Defendant’s head at the time of the defense vehicle, which takes up the Defendant’s head under the right bridge, without any force on the right bridge, and entered into the E. The Defendant’s wife was fighting. After that, the lower court saw that she was aware that the pain was suffering from a clerical error, and that she was seated in E, and that the Defendant was a witness from the investigative agency to the point of view that the Defendant’s head was left at the time when the Defendant was born, and that the victim stated on the floor of the instant case.”

Therefore, the defendant was at the time of the victim's face, head, etc., and the defendant and the victim faced their body opposite to each other, and the defendant went beyond the floor by force.

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