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(영문) 제주지방법원 2014.05.08 2013노486
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant prices the victim by selling as stated in the facts charged, such as misunderstanding of facts or misunderstanding of legal principles.

When the victim of a fighting match while playing a fighting match among the body of the body of the defendant, he was faced with the face of the defendant in the elelelel of the defendant who was feld in the defensive vehicle, and the victim was faced with the face in the defendant's elbel.

The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts or misunderstanding of legal principles, since the defendant intentionally prices the victim'

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the court below duly adopted and examined the following circumstances, namely, ① the victim team kiferer H, who had been kept in the nearest place where the Defendant and the victim fights with their body in the blank, from the police investigation to the court of original trial, to the court of original trial, stated that “the victim fights with the victim by having the defendant satisf, go against the victim’s body towards the framework of the victim’s team. The victim satisf, by getting the defendant satisf, was satchd against the victim’s body from the victim’s sath, and the defendant was the victim was the victim’s face in the blue bluth when the victim took rhh with the victim.” The above statement was made in a very concrete and consistent manner and consistent manner, ② the victim also made a statement consistent with this at the investigation stage and court at the court of original instance, ③ the defendant also stated the victim’s body to the right part of the victim’s body beyond k k.

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