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(영문) 대전지방법원 2014.01.16 2013노1574
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which recognized the fact that the defendant and the victim of mistake of fact had attempted to manipulate the situation of the victim's own while punishing the victim, and even though the defendant did not assault the victim, the defendant was pushed the victim's ship on his own ship and thereby suffered the injury by his own act, and the judgment of the court below which recognized the crime of bodily harm by assault ex officio is erroneous in the misunderstanding of facts, which affected the conclusion

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

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim made a consistent statement from the investigative agency to the court of the court below to the effect that “the defendant was at the F office’s desire to take part in the bus bus traffic problem, and was above the sponsed with the sponsed with the upper part of the Defendant’s ship.” ② He consistently from the investigative agency to the court of the court below, consistently stated that “The defendant was at the time when the defendant and the victim were placed at the office of the F office, and was at the time when the victim took part in a dispute with each other, and the head was at the bottom of the victim’s sponsed with the upper part of the upper part of the body.” On the other hand, I consistently stated that “The victim was at the time when the defendant and the victim took part in a dispute with each other, and that the victim was at the time when the victim took part in the medical treatment and treatment of the case, and the victim was at the time before the examination and treatment of the case.”

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