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(영문) 서울고등법원 2013.06.21 2013노72
폭행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Although the victim E (hereinafter “victim”) was not crashed by the Defendant’s complete force, and the victim himself felled on a rail, the lower court found the Defendant guilty of this part of the facts charged on the basis of the Defendant’s statement without credibility and the Defendant’s appraisal testimony, which is insufficient to be considered as evidence for conviction of this part of the facts charged, based on the following: (a) the investigation report (a) and investigation report (on-site search examination) which is inadmissible as evidence with the omission of the signature and seal of the original person making the original statement; and (b)

B. The sentence of unfair sentencing (five years of imprisonment) by the lower court is too unreasonable.

2. With respect to the part of the previous charges of this case, the prosecutor ex officio: (a) the name of the crime was "serious injury", "serious injury", "Article 258 (1) of the Criminal Act", and "Articles 262, 260 (1) and 258 (1) of the Criminal Act", and "the defendant, at around 00:40 on the 14th day of the same month, fell from the window of the above Bara, and "the 4th day after the death of the victim," and "the 1st day after the death of the 4th floor" of the previous charges of this case, with the victim's body cut off from the 3rd floor below the above 4th floor by using force, such as fasting the body of the victim out of the window, and the defendant satising the 1st day of the above 4th day after the death of the 1st day of the 14th day of the same month."

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