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(영문) 광주지방법원 2013.07.03 2013노245
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been done by the Defendant toward the victim E who takes a bath to himself, but at the time, the Defendant was under the influence of alcohol. Rather, the Defendant merely met with the left bucking of the victim’s drinking, and did not inflict an injury on the victim.

In addition, although the defendant had knee portion of the victim D's left side, the above victim committed the above act in order to defend the victim's access to the victim E with the victim's shock after he was damaged by shocking the defendant, there was no intention to inflict an injury on the defendant, or there was no injury on the victim due to the defendant's assault.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment, which found the Defendant guilty.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly adopted and investigated by the trial court, i.e., from the police to the trial court, the victim E deemed the victim E to be “dynasium,” and the Defendant expressed his desire to have his face at one time.

On the contrary, the face of the defendant was sealed with the floor of hand, and the defendant took his face once again.

After that, the defendant was defended by 2-3 times more than 2-3 times, and at that time the victim D turns out.

He reported to 112 on the side of the televersur (in the latter part of the televersur), and the Defendant followed, followed by the latter, and escaped to the latter part of the left surk.

He and D shall put the defendant on and sit before the telecomer, and again 112.

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