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(영문) 서울중앙지방법원 2013.10.31 2013노2879
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant stated that misunderstanding of facts or misunderstanding of legal principles was the victim and did not assault the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding facts or misunderstanding legal principles that affected the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles, i.e., ① the victim stated that he was assaulted by the defendant in the facts constituting the crime in the court below consistently from the investigation stage, ② the witness D of the court below stated that the defendant was pushed the victim at the time, and that the victim was granted F's humiliation (the 3th page of the trial record). The witness F of the court below stated that the victim was humiliated and sound, and that the victim was humiliatedd out of the office, and that the victim was hidden (the 40,42, 43 pages of the trial record). ③ The victim made a statement consistent with the victim's statement (the 40,42, and 43th page of the trial record). The victim's injury diagnosis was issued on the day of the case in relation to the injury in the case, and that the Byung stated that the defendant was humnad, the victim'sium.'

B. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

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