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(영문) 청주지방법원 2013.05.30 2013노40
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In determining facts and misunderstanding legal principles, the Defendant did not inflict injury on the victim by pushing the victim with the tables, and even if there were such facts, there was no intention of injury. Therefore, the lower court erred by misapprehending the legal principles as above, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. In addition to the facts and circumstances in the judgment of the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below, namely, ① during the dispute between investigative agency and the defendant to the court of the court of the court of the court of the court of the court of the court, the victim's table was sealed into the defendant's string, and the defendant's table table, which was over the string of the above table with the victim's knee, kneb, and opened the string of the defendant's kneb, and thereafter, the defendant got out of the string of the defendant's kneb, and the string of the plaintiff's knb and the string of the plaintiff's knb, which were the victim's knb, and the victim's knb, which was the victim's knb and the victim's knb.

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