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(영문) 광주지방법원 2013.05.01 2013노414
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Defendant A: (a) When Defendant B got the wind that the chest was pushed down on the wind that the chest was pushed down; and (b) each head was to occur thereafter, the drinking house customers were at the prices of fightings; and (c) Defendant A was at the prices of fightings, and even though Defendant A was not at the time of or was injured, the lower court recognized the facts charged and convicted Defendant A, thereby adversely affecting the conclusion of the judgment, by misunderstanding the facts charged. (b) Defendant B merely lost the mind by priceing the head of the A himself from Defendant B, and did not assault or injure the Defendant B, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

B. Each sentence (Defendant A: a fine of 700,000 won, Defendant B: a fine of 500,000 won) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below in determining the assertion of mistake of facts were stated in the court below to the effect that "A was unable to make a false statement to any one of the Defendants, and the contents of the statement are detailed and reliable, and the Defendants also stated in the investigation agency and the court below that "A was unable to open the door and close the door while having repeated the dispute at the time of opening and closing the door, and there was a large amount of voice where the Defendants were the Defendants, and the Defendant A was able to take the head debt of the Defendant A, and the Defendant B was also able to take the head debt of the other party." Accordingly, the above G did not have any reason to make a false statement to any of the Defendants, and the contents of the statement are specific and reliable, and both of the Defendants stated in the investigation agency and the court below that they were the other party's head debt.

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