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(영문) 의정부지방법원 2014.05.23 2013노2639
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts, although the Defendant did not assault the victim as stated in the instant facts charged on June 10, 2012, the lower court found the Defendant guilty of this part of the facts charged, there is an error of misunderstanding of facts. 2) The sentence of imprisonment (eight months of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. On June 10, 2012, around 19:00, the summary of this part of the facts charged is that the Defendant, at the home of the Defendant’s Government-si Da apartment 408 Dong 2503, 2503, Defendant E (the age of 52) complained with the victim on the ground that the victim’s fingers were cruel against the Defendant’s female problem, and that the Defendant was assaulted against the victim by breaking the victim’s fingers, walking the bridge, walking the bridge, shaking the head debt, shakening the victim on the floor.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence in its judgment.

C. Each statement of F (the second statement of the victim) and G (the third statement of the victim) and the statement prepared by the victim are admissible as evidence that seems to correspond to the facts charged in this part of the decision of the political party.

① However, at the court of the court below, F stated in the court of the court below that “on June 11, 2012, on the day following the day of the above assault, the victim took meals at one’s own house along with the mother of the defendant, and the victim took her bridged with the reason that the victim would have been faced with the defendant,” and stated that “the victim would have been her batd with the defendant,” and that “I would like to say that I would have been her fatd with the victim’s fatt, and would not know when I would be her fatd with the defendant,” and that “I would like to say, at the court of the court of the court below, the contents of the date and method of the assault of the defendant are unclear, and ② at the court of the court of the court below, “The victim and the victim on June 10, 20

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