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(영문) 대전지방법원 2014.11.12 2014노1892
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, although the Defendant did not inflict an injury upon the victim as stated in the facts charged, is erroneous in the misapprehension of the facts which affected the conclusion of judgment.

B. The lower court’s sentence of an unreasonable sentencing (fine 300,000) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's assertion of mistake of facts is not accepted, since it can be recognized that the defendant displayed the ancient area and caused bodily injury to the victim's right-hand hand, and that the defendant caused bodily injury to the victim's head due to a Gemangium.

1) From the investigative agency to the court of the court below, the victim stated in a relatively specific and consistent manner that “the defendant living in the next house thrown away shot and garbage from his wall to scarke house, and thrown away scarcitys and scarkes, and scarkes down down to the scarke hand hand hand by scarbing down scarkes and scarkes towards low scarkes. Then, scarkes and scarkes down to scarkes and scarkes, scarkes, scarkes, scarkes, scarkes, 33 and 34 of the evidence records).” At the time of the trial of the court below, the witness E, a police officer, who was called to the scene, made a statement to the extent that scarkes and scarkes were directly identified by the victim’s photograph and scarkes(s) in the court of the court below, and directly confirmed the victim’s photograph evidence.

3. The fact that the defendant saw the Gemanium and tried to see the victim is recognized, and ② the instant case.

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