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(영문) 수원지방법원 2013.09.26 2012노5907
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the injury of the victim of mistake of fact did not result from the Defendant’s assault, the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and examined by the lower court and the lower court as to the assertion of mistake of facts, the fact that the Defendant, who walked the victim’s face, has caused a euthanosphical typhism to the victim, can be sufficiently recognized.

① At the time of the instant case, the Defendant recognized the fact that the victim E’s right side was sent back, and F and G at F and G at the time of the instant case, the Defendant took the right side of the victim’s face at the court of competent trial, and thereby, the Defendant took a hole at the right side of the victim’s face, and she was sworn. In light of the degree of price price and the part of the injury, it is reasonable to deem that the victim’s injury was the result of the Defendant’s attack.

② immediately after the instant case, the victim received a blicking blick in an emergency room of K Hospital because the victim did not stop at the top of the face. At the time, the blick blick blick blick blick blick blick blick blick blick blick blick blick blick c

(3) The victim knows that the right eye is deteriorated only after the lapse of 20 days from the date of the instant case, when the symptoms continue to exist.

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