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(영문) 대구지방법원 2015.07.17 2014노4107
상해등
Text

The judgment below

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

Defendant

B shall be punished by a fine of KRW 1,000,000.

3.2

Reasons

1. Summary of grounds for appeal;

A. The above defendant A (the factual error) did not assault the victim G or inflict any injury on the victim B, the upper defendant, as stated in the facts charged of this case.

Nevertheless, the court below found the above defendant guilty, and the court below erred by misunderstanding the facts.

B. Defendant B (1) In misunderstanding of facts, the Defendant was only a fact that the Defendant 1, the Defendant, was flobbling, and did not assault or injure the said victim. Nevertheless, the lower court convicted the said Defendant. In so doing, the lower court erred by misapprehending the facts. (2) The lower court’s judgment erred by misapprehending the facts. (2) The sentence of a fine (2 million won) sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to Defendant A’s assertion, the defendant could sufficiently recognize the fact that the defendant assaultsd the victim G as stated in the judgment below, or inflicted an injury on the victim B, who is the upper defendant, as stated in the judgment below, and thus, the defendant A’s assertion is without merit.

B. On June 16, 2013, at around 00:10 on June 16, 2013, the summary of the facts charged against Defendant B’s assertion that the Defendant was a victim A (the age of 33) and Sifat, and was pushed down with the victim A’s face once, and the victim’s face was inflicted an injury upon the victim A’s face for about 28 days in the process. (ii) The lower court found the Defendant guilty of the facts charged in accordance with the special exception to the Dong model under Article 263 of the Criminal Act after compiling the evidence in its holding.

3) Article 263 of the Criminal Act provides for special exceptions to the same demonstration with the purport that "where an independent act causes the result of injury by concurrent act, and where it is not proved that the act was caused by the act was not caused, it shall be in accordance with the example of co-principal." The demonstration in the crime of injury shall be conducted by two persons.

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