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(영문) 대전지방법원 2014.01.16 2013노1747
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant can put put place place orders only in the body of things in the first degree due to visual disorder 1, but is not capable of clearly distinguishing things. Although the victim had drawn up the defendant at the time of the instant case and spreads them, the court below found the defendant guilty of the facts charged in the instant case even though the defendant did not have committed a crime of assault, it erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of a fine of KRW 300,000 imposed by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim took the defendant from the investigative agency to the court of the court below to keep the victim from a disturbance in the emergency room of the D hospital; and (ii) the defendant made a statement to the effect that the victim took the victim's face at one time with the victim's hand, and the victim took four times with the damaged part; (ii) the victim did not recognize the defendant as the visually disabled at the time of the case at the court of the court below; and (iii) the victim made a statement to the effect that the defendant was found to have intentionally committed the victim; (iv) according to the CCTV of the D emergency hospital room at the time of the trial, the defendant took the corridor of the hospital without any particular inconvenience; and (v) the victim took the defendant from the emergency department of the hospital; and (v) the defendant took the victim's face from the outside of the above emergency room to the victim's face, and thus, the defendant can not be admitted as the victim's face at the time and place.

B. We examine the judgment on the assertion of unfair sentencing, and the defendant was punished for the same kind of crime.

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