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(영문) 광주고등법원 2013.07.25 2013노222
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. (1) In the judgment of the court below, the court below erred in finding the Defendant guilty of this part of the facts charged, even though the Defendant did not guilty of this part of the charges, even though he did not guilty of the above D's head satisfafafafafafafafafafafafafafafafafafafafafafafafafafaf fabbafafafafafafa

(2) In relation to Paragraph (2) of this case, the court below found the defendant guilty of this part of the facts charged, despite the fact that the defendant was not guilty of the injury, even though he did not have committed an assault, such as cutting the above H’s timber, by putting the victim He Ha or the above H’s pursuant to the judgment of the court below, he saw the defendant guilty of this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) With respect to the assertion of mistake of facts, the victims of the judgment of the court below consistently stated from the investigative agency to the present court that they suffered bodily injury by assaulting the Defendant as stated in the facts charged. The circumstances or motives that the details of the statement are considerably specific, the developments of each case, the contents of the assault at the time, the process of the assaulting, etc., are consistent with each other, and the victims wish to gather the Defendant by making a false statement, cannot be found any other.

In particular, it is argued that H had lost the mind because it was behind the wind that the victim H and the franchis had been punished at the time when the defendant was the original trial. However, in light of H's attitude of statement and health condition (it is possible to see the left water level as a class 2 disabled person with brain disease, it is impossible to use the left water level as a class 2 disabled person) at the court of original trial.

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