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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2012.12.28 2012노2971
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is knenee who is a knee, but there is no fact that the victim was injured.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.

2. Grounds for mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.

B. The following circumstances acknowledged by the evidence duly admitted and adopted by the court below, namely, ① the victim, among the Dos with meals within 802 Dong-dong-dong-4, Incheon detention center, the victim was frighten with each other, and during that process, the defendant was kneee and suffered injury to four kne in the face of the victim. The statement is consistent and credibility. ② The victim was under medical treatment at C Hospital on November 29, 201, after this case took place. According to the above hospital’s medical records, the victim was under treatment at C Hospital on November 29, 201, after this case took place. According to the above hospital’s medical records, it is possible to find out the necessary facts because the victim’s symptoms were more serious by external shock, and the victim was seriously shakened, and the victim was also aware of the victim’s injury, ③ The victim was also knee and the victim’s statement made on December 19, 2012.

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