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(영문) 서울북부지방법원 2013.09.25 2013노699
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that a mistake of fact-finding defendant had not inflicted an injury upon the victim's face by drinking as stated in the facts charged, the court below found the defendant guilty otherwise by misunderstanding the fact and thereby adversely affecting the conclusion of the judgment.

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

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for changes in the indictment of this case to the effect that "the defendant applied for changes in the indictment of this case to the effect that "the defendant applied for changes in the indictment of this case to the effect that "the defendant applied for changes in the indictment of this case to the effect that "the defendant suffered from inside and outside the inner wall of the left eye of the victim that needs to be treated for 56 days by drinking the victim's face." The part of "the defendant applied for changes in the indictment of this case to the effect that "the defendant applied for changes in the indictment because he applied for changes in the indictment of this case by allowing this Court to do so."

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Punishment of the crime

At around 23:30 on June 26, 2012, the Defendant found the victim as the neighbor and the house of the victim D (the age of 48, South) who is a work club, in the vicinity of the victim, which is the house of the victim D(the age of 48, South). The victim saw the victim's interview at the workplace, and caused the victim to suffer the victim with the inner wall and the inner wall of the left eye of the victim's face, because she was in bad condition with the victim's interview at the workplace.

Summary of Evidence

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