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(영문) 서울북부지방법원 2011.12.01 2010노1742
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence is too uneased and unreasonable.

B. (1) Defendant 1 did not commit an injury by assaulting the Victim F because there was no physical contact with the Victim F in itself.

(2) Even if all the facts charged of unfair sentencing are accepted, the lower court’s punishment is too unreasonable.

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

A. According to the evidence duly adopted and examined by the court below and the trial court, around January 13, 2010, at the entrance of the second floor E of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, there was a vision between the defendant and E, and D, the atmosphere of D, such as when D faces the defendant's face, began to be cut out from the first floor and d, in advance, with D's body down to the first floor. The defendant was a second floor of D's body near D's drinking and launching, one of the two floors of D's first floor and the defendant's fighting and the defendant's fighting and speaking out to the outside floor, but it was found that D's e-mail and the defendant's e-mail arrived at the outside of the building, and that D's e-mail went out of the e-mail's entrance to remove the remaining e-mail, and that the defendant went out of the e-mail's e-mail.

(b) the place where the F was injured, and the person who observed the F's top and the F's statement E;

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