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(영문) 창원지방법원 2014.01.10 2013노1591
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that a mistake of mistake accused assaultss the victim, but the victim's injury was caused by F's assault, and it was not caused by F's assault.

B. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.

2. Determination

A. (1) On the assertion of mistake of fact, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, it can be sufficiently recognized that the injury of the victim was caused by the Defendant’s assault.

(A) In the police investigation, the Defendant made a statement to the effect that “the victim’s interest was reduced due to the victim’s attempt to see, and exceeded the floor. There was a entangled with the victim, and the F would have been completed due to the speech of the F.”

(B) In the police investigation, the witness F made a statement to the effect that “the Defendant and the victim were satisfing with each other, and they were satisfing with the other, so they were satisfing with each other, and they were satisfing with each other, and they were satisfing to the satching direction.” The victim again satisfing the sat at the bottom, and the Defendant was satfing the Defendant’s body, and the Defendant was satfing the victim’s body.” (Evidence No. 22 pages of the evidence record) at the court of the lower court’s trial, the Defendant and the victim made a statement to the effect that “the Defendant and the victim were satching with each other at the time of the second satching of body.”

(C) The injury diagnosis document (Evidence No. 9, 10 pages) issued immediately after the instant case is indicated in the victim’s name in the victim’s sick name, “hump sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort

(2) F는 피해자의 뺌을 몇 차례...

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