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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2013.12.17 2013노529
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is only aware of a dispute with the victim, and there is no fact that he/she has inflicted an injury by harming the victim as described in the facts charged.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too heavy (500,000 won of fine).

2. Determination:

A. The following circumstances acknowledged by the judgment of the court below and the court of first instance as to the assertion of mistake of facts are consistent with the evidence duly adopted and examined by the investigation agency, i.e., ① the victim arrived at the location of the case around the new wall after contact with the construction staff who interfered with remodeling works at the time of the instant case, and the defendant tried to see she was at the location of his own shop by putting her words from the garbage flag collected while performing construction works, and she tried to go her own flag, and she became a flag in the process of this case, and she became to go beyond the flag with the victim's selling part once in the process. ② The witness also stated that " 1..........., the victim was sealed between the defendant and the victim and the investigation agency, and the victim appears to have not been examined by the defendant at the time of the instant investigation and treatment of the victim's 2nd day."

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