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(영문) 서울중앙지방법원 2013.05.16 2013노204
상해
Text

The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous in the misapprehension of facts, even though there is no evidence to support the fact that the defendant injured the victim G, since each of the statements made by the victim G and Co-defendant B of the court below are inconsistent with one another in the investigative agency and the court below's trial.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, G and B are doubtfully doubtful about the credibility of the above two statements in light of the fact that occurred before the defendant and the defendant reached fighting (the driver and the driver of the vehicle were up to the roadway, and the fact that G was out of the process of leaving the vehicle up to India from the roadway to India) first concealed the fact that G was revealed after the witness L, or that B did not assault the defendant. G was at the time of the crime, but it was not true that the above two statements were not true. However, during the crime that the defendant and the defendant were wraped, they also consistently and specifically stated that the defendant suffered injury before G in front of the crime in this case, and that the defendant was in front of the crime in this case, and that the medical certificate issued to G was also stated on the following day in the front left part, the front left part, the front part, the front part, the front part, the front part, the front part, the front part and the front part, the front part and the front part of the G and the front part of the crime in this case.

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