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(영문) 대전지방법원 2016.10.19 2016노990
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant unilaterally suffered property damage and damage from the victim, and did not cause any damage to the victim’s timber.

B) Although there is a fact that the Defendant’s bodily injury is flicking the victim’s face by extending to outside a bridge, there is no injury on the victim’s face. However, there is no fact that there is no injury on the victim. 2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts is 1) The following circumstances acknowledged in accordance with the evidence duly adopted and investigated by the court below: ① E was present at the police on the day following the occurrence of this case, and the defendant made a statement to the same effect in the court of the court below, and ② E was specific and consistent with the defendant's situation where E was satisfing off, and the defendant's statement about the following circumstances; ② E was made by drinking fat, etc., at the time of the defendant's own fat, and did not fat off himself due to drinking fat, etc., but he did not fat the defendant's fat, but he did not look at the defendant's fat, and it did not seem to have been false or exaggerated, ③ The police officer's statement at the court of the court below and the court of the court below, which corresponds to the facts in this case's indictment, and there was no reason to recognize the defendant's legitimate error of facts as to the part of E.

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