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(영문) 서울중앙지방법원 2013.10.17 2013노2286
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the defendant, the victim, or the F was satisfyed due to a satisfy, and the F avoided it, and the victim also put F with the loss that F caused the victim, and the victim was satisfyed, and the victim was satfy and the victim was satfyed, and there was no fact that the defendant was satfyed by the victim.

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

2. Judgment on the assertion of mistake of facts

A. First of all, we examine whether the defendant injured the victim by pushing the victim.

In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, it is recognized that the Defendant inflicted an injury on the victim, such as “damage to the character of the head of an unknown head, strawing, etc.,” which requires approximately two weeks of treatment due to the Defendant’s scambling of the victim.

Therefore, this part of the defendant's assertion is rejected.

(1) The victim, from the investigative agency to the court of the court below, made a concrete statement on the major matters of the crime of this case, including the reason why the victim was injured by the defendant at the time of the investigation agency, the reason and background leading up to the injury, the method of injury, and the circumstances after the injury. Although there are some differences in the detailed parts, it is determined that the statement is consistent as a whole, and

(2) After the occurrence of the instant case, the witness F immediately reported to 119 and 112, and each of the F’s investigative agencies and the court below’s statements in lieu of the victim’s statements.

(3) The victim was escorted to the 119 first-way I Hospital, and according to the injury diagnosis report prepared by the GJ between the neuma and the above hospital, the victim stated that “the victim was faced with the head of the floor because it goes beyond the body of another person,” and the victim was diagnosed as “damage to the head of the part of the body of the deceased person and the head of the deceased person.”

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