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(영문) 서울남부지방법원 2014.01.16 2013노1684
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of the dispute with the victim C around December 1, 2012, there is a fact that the defendant misunderstanding of facts was waiting with the victim C, but there was no scambling of the "E" beauty room operated by the victim because he was raising the victim's awareness, or walking the victim's body due to the victim's face several times, and even on January 5, 2013, there was no scambling that the victim was waiting until the victim completed the head hand of the customer's hair, and there was no scambling behavior preventing the victim from smoking or running his business.

Nevertheless, the court below convicted the defendant of each of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (two million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. When the court below carefully examines the circumstances described in detail in the "judgment on the defendant's assertion of mistake" in light of the records, it is reasonable that the court below's decision that convicted the defendant of each of the facts charged of this case on the grounds of the circumstances stated in its reasoning is justified, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel. Thus, the defendant's and his defense counsel's assertion of mistake of facts

Defendant

In addition, the defense counsel argues to the effect that it is difficult to believe the victim's statement at the police station that corresponds to each of the facts charged in the instant case was made in an emotional distress and was considerably distorted. However, it is acknowledged by various evidences duly adopted and investigated by the court below. In other words, the victim's statement at the police station was committed each of the crimes in this case.

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