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(영문) 창원지방법원 2014.06.12 2013노2575
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant, by mistake of facts, has mainly taken the face of the victim D (hereinafter referred to as "victim") one time, the victim's wife was faced with the victim's happiness E, not the defendant. However, the court below convicted the defendant of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the Defendant is a recipient of basic livelihood benefits and is economically difficult, the Defendant’s punishment (a fine of KRW 1.5 million) imposed by the lower court is excessively unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: ① the victim, in front of the “C” located in Sacheon-si B while talking together with E, which is later than May 14, 2013, the victim made a consistent statement at an investigative agency to the effect that: (a) in front of the “C” located in Sacheon-si B while walking, the Defendant kiddd with E and the Defendant, and her head while drinking her her fat; (b) the Defendant’s desire to keep her batch with E and her batch, caused the Defendant’s batching; and (c) the victim’s fating statement to the effect that the Defendant’s batch was never made only one time in his fatd and her batd with E and batd with E; and (d) the victim’s bating statement to the effect that he made the victim’s fating statement.

In full view of the fact that “the Defendant” is written to the effect, the lower court held that the Defendant.

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