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(영문) 수원지방법원 2013.09.25 2013노2210
상해
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the process of passive resistance against the victim’s assault, the Defendant was unable to actively assault the victim by actively assaulting the victim, such as the part of the victim’s arms and a lar, and the breathing of dubs and arms, and cutting over the floor, etc., and did not cause injury to the victim. The degree of injury suffered by the victim does not reach the degree of interference with daily life.

Nevertheless, the judgment of the court below which found the defendant guilty of the bodily injury resulting from violence is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 16, 2012, the Defendant: (a) committed an act of assault, such as spiting the victim’s face, spiting the breath, spathing the bat, spathing the bat, spathing the bat, and spathing the victim’s seat, spathing the bat, spathing the bat, spathing the bat, spathing the bat, spathing the bat, spathing the bat and spathing the bat of the victim’s face; and (b) committed an act of assaulting the victim’s bat and spathing the bat with the bat and spathing the bat, and cutting the bat over the floor, thereby resulting in the victim’s right-hand supervision and spathing spaws requiring treatment for about three weeks.

As the facts charged according to the assault and Injury Crime, which is the name of the crime committed by the court below guilty, part of the facts charged as stated in the indictment was revised.

B. In full view of the adopted evidence, the lower court acknowledged the following facts: (a) the Defendant continued to catch and retail the victim’s arms while fighting with the victim, and recognized the fact that the Defendant and the victim saw the body of the victim into the ground while fighting with the victim, and turned the body into the ground.

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