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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2013.11.28 2013노846
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant alleged a misunderstanding of facts or misapprehension of legal principles in the apartment stairs of this case did not have inflicted any injury on the victim H to the extent of hindering the daily life of the victim, and even if the victim was injured by domestic affairs, it cannot be deemed that there was an intentional injury on the part of the victim. Thus, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

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

Judgment

A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. Each statement of H, I, J, K, and L, which was presented as a witness of the court below, is clear and spatially detailed, and it is difficult to view that the victim has made a false statement about the fact that the victim passed through the apartment stairs of this case from the police investigation to the court of the court below, the process that the defendant was pushed down from the stairs of this case, and the situation that the victim H made a statement about the process that the defendant was pushed down from the stairs of the apartment of this case and the situation that the defendant was faced with the injury. This is hard to view that the prosecutor and the defense counsel questioning in the court of the court below is more detailed and detailed than the inquiry of the investigation agency, and the victim's answer was made by the investigation agency from 201 to 301.21.

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