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(영문) 서울중앙지방법원 2013.11.21 2013노3209
상해등
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a fighting match during the process of complying with the exclusion of the Defendant from the lease brokerage, but it was not sufficient to interfere with his business, and the instant injury occurred during the process of getting the Defendant’s handwd by using the Defendant’s handwds and knicks.

Nevertheless, the court below found all of the charges of this case guilty, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination:

A. The following facts acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① The victim’s statement was consistent, G, N, M, andO’s statement that the defendant had suffered injury to the crime at the time of original adjudication; ② The diagnosis name in the written diagnosis of injury of this case was “hump and tensions, shoulder and strings of arms,” “hump damage to the victim’s sturves, sturth, sturth, and sturth” (7 pages of investigation record), and the victim’s sturts and chests were teared, and the photograph (8-11 pages of investigation record) containing sturths was submitted. ③ The victim’s statement was made to the lessee on the ground that the victim started the brokerage of the lease of this case first, and was extremely obstructed from the point of view of receiving brokerage commission on the day. The victim’s statement that the defendant’s operation of the medical examination of this case was not sufficient (51-14th of the trial record).

B. On the assertion of unfair sentencing

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