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(영문) 대전지방법원 2014.01.16 2013노1528
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant at the time of the instant case of mistake of facts, against the victim’s assault and thereby did not have the intent to injure the victim. As such, there is no causal relationship between the victim’s shoulder and the victim’s injury. Moreover, even if there is such fact, it is merely a passive defense against the victim’s violence, and its illegality should be avoided. However, the judgment of the court below convicting the Defendant of the facts charged of this case by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

The sentence of the court below's decision on unfair sentencing (2 million won of fine) is too unreasonable.

Judgment

The following circumstances are acknowledged according to the evidence duly adopted and investigated by the court below on erroneous determination of facts or misapprehension of legal principles.

The victim D consistently stated, from the investigative agency to the court of the court below, that “the Defendant had a vision between the Defendant and the Defendant at the time of the instant vehicle traffic problem. The Defendant called “B at the time of the instant vehicle traffic problem.” The Defendant changed the Defendant’s lane to B by saying “B at the time of the instant vehicle traffic.” The Defendant stated that the Defendant was faced with the rear head and right hand hand on the cement wall at the wind of the cement.”

The wife E of the victim also is consistent in the investigative agency and the court of the court below, and "at the time of this case, with the husband at the time of this case, and passes the scene of this case, and the defendant has the vehicle ahead of our vehicle.

It stated that the difference should be deducted from us without us.

Therefore, even though there was a trial expense by deducting the two vehicles between the husband and the defendant, the defendant said that the her husband said that the her husband "I am a more."

Accordingly, her husband opened a door of a car and out of it, and her fluencing her husband's name at the side of the defendant's vehicle, and the defendant is also a big.

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