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(영문) 수원지방법원 2013.09.26 2013노1162
상해
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of one million won.

Defendant

B.

Reasons

1. Grounds for appeal;

A. Although Defendant B, as described in the facts charged, inflicted an injury on Defendant A, the lower court rejected Defendant A’s consistent statement and rendered a not-guilty verdict with the credibility of only Defendant B and F’s statement, the lower court erred by misapprehending the legal doctrine.

B. Although Defendant A (De facto mistake, misunderstanding of legal principles, and unreasonable sentencing) had a fact that Defendant B had flicked a flick, Defendant B’s statement was found guilty on the ground that he did not have inflicted an injury by plouting, plouting, and plouting the right-hand hand of Defendant B, the lower court’s judgment was erroneous in misunderstanding of facts and misunderstanding of legal principles. Even if it was found guilty, the lower court’s sentencing (two million won of fine) is also unreasonable.

2. Determination of the Prosecutor and Defendant A’s assertion of mistake of facts

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

1) Defendant A is the representative of the council of occupants' representatives of apartment houses. Defendant B was the auditor, and the Defendants were not in good condition due to the management expenses, etc., and there was an appraisal stand around January 15, 2012 as a matter of the apartment construction work. 2) Defendant A was under the influence of alcohol on January 15, 2012, and was under the influence of alcohol at around 23:30, and was under the influence of alcohol from the floor of the apartment security room. However, Defendant B and F were under the influence of alcohol, and Defendant A was under the influence of alcohol.

3) On January 16, 2012, at H Hospital, Defendant A received the left-hand hand, elblue blusium, co’s typology, and scarbine injury diagnosis, and Defendant B received the injury diagnosis from the head of the I Hospital on January 16, 2012 on the right side 5 weeks of treatment. B. The Defendants A and F’s statement 1) and the Defendant B were “after the police station immediately after the instant case, the Defendant B and F opened a two-way door, and open out the door of the guard room.”

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