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(영문) 대구지방법원 2012.11.09 2012노33
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and D, whose mistake of fact was the Defendant and D, suffered bodily injury by suffering from the face of beer mar while exceeding D with beer mar while she used it, and the Defendant did not inflict bodily injury upon D with beer mar as stated in the facts charged, the lower court believed only D’s statement and found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if the above assertion of mistake of facts is not accepted, the defendant is the first offender, and the background and degree of injury, which the court below sentenced to the defendant, is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is the victim and the Internet hosting site "S clubs". Around 02:00 on September 12, 2010, the Defendant suffered injury, such as the victim's head part, and the victim's 500cc clife ck cket A2, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-gu, and approximately 25 years of age, while drinking together with the victim D (hereinafter referred to as "the victim's flife flife frife frife frife frife frife frife frife frife frife frife frife frife frife and frife frife frife frife frife frife frife frif fr.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the Defendant’s partial statement, witness D, and E’s written statement in the first trial record of the lower court, the police’s written statement in the lower court, and the investigation report (Attachment of Medical Certificate).

C. (1) The facts charged in a criminal trial shall be proven by the prosecutor, and the judge shall be true to the extent that there is no reasonable doubt.

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