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(영문) 대구지방법원 2014.01.24 2013노1831
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of injury among the facts charged against the Defendant. However, at the time, the Defendant stated that “In the following cases, the Defendant was “AD with the Seoul metropolitan graduates,” and the Defendant attempted to attack the Defendant, and the Defendant did not inflict any injury on the victim as stated in the above facts charged.”

The victim’s police statements and court statements are inconsistent with the victim’s statements, and K’s statements are not inconsistent with the victim’s statements, thus lack of credibility of the victim’s and K’s statements, and merely with the diagnosis certificates are insufficient to recognize the facts charged. Even if the victim’s injury was caused by the Defendant’s act, this constitutes a defense act against the victim’s attack, and thus, the court below found the Defendant guilty of the above facts charged. In so doing, the court below erred by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment

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

2. Determination

A. The following circumstances acknowledged by the lower court and the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, namely, ① the time when the victim taken the victim’s grandchildren, etc. at the time (23:1 on the same day) and the time of this part of the facts charged, ② the victim was issued a written diagnosis of injury with the victim’s grandchildren, etc. at the time of the occurrence of the victim’s losses, etc.; ③ the victim’s losses, etc. at the time of the occurrence of this part of the facts charged; ③ N andO’s statements that the victim could not be considered as the victim’s losses, etc. at the time of taking the victim’s own descendants, etc. from the time of the victim’s taking the victim’s losses, etc. on the day of this part of the facts charged.

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