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(영문) 수원지방법원 2014.11.06 2014노1832
폭행치상
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. On the date of a misunderstanding of facts, the victim made the defendant unilaterally and pushed the defendant, thereby causing an injury to the defendant, and there is no fact that the defendant sustained an injury by assaulting the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s legitimately adopted and investigated evidence of the Defendant’s assertion of mistake of facts: (i) the victim consistently stated from the investigative agency to the court of the lower court that “the Defendant was flickly flickly flickly flicked the face of the victim at the time,” and (ii) the I, G, and F stated in the investigative agency and the court of the lower court to the effect that it conforms to the victim’s above statement (the police stated in the police that “the victim was flickly flicked,” and the Defendant was flickly flickly flick around the office flick with the victim, and the victim’s face was flickly flickly flickly flicked by the victim, and that the victim was flickly flicked by the victim’s body and the victim’s face was flick flickly recorded in the office of the police and the lower court.”

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