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(영문) 창원지방법원 2013.09.05 2013노798
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant: (a) was laundry used by the victim while taking the Defendant’s bath; (b) the part of the victim’s neck was pushed down by the Defendant’s laund with the Defendant’s laund, and the victim’s neck and face was tightly cut down with the wall; and (c) there was no injury by having the victim go beyond the victim’s floor; and (d) the Defendant’s laund with the victim’s neck was aware of illegality as a passive defensive act against the victim’s assault, the lower court erred by misapprehending the facts that found the Defendant guilty of the facts charged and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the court below in light of the evidence duly admitted and investigated by the court below regarding the assertion that there was no injury to the victim as to the assertion of mistake of facts, namely, ① when the victim went to the rest room with his laundry water from an investigative agency to the court below, the defendant and F were in dispute with him, and he was able to look at the side, and thus, he was able to go beyond the floor by putting his own name and face up to the floor, putting him down against the wall, and making a consistent and concrete statement to the effect that he was suffered from the injury, ② The workplace rent F at the scene was in dispute with the victim at the time of the court below, and ② the victim was in dispute with him in relation to working hours, and went beyond the floor of the victim’s laundry and face, and the victim was in conflict with the victim’s body and the victim’s condition at the time of the victim’s first-aid service.

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