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(영문) 대전지방법원 2013.11.07 2013노1243
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case, is erroneous in the misapprehension of the legal principles as to the facts charged of this case, and thus affected the conclusion of the judgment.

B. The sentence of a fine of KRW 1,000,000 imposed by the lower court is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., ① the victim made a statement that he was injured by the assault of the defendant at an investigative agency (the victim first made a statement at an investigative agency to the effect that he was faced with the breast part of the defendant's face because he was faced with her face once, extended, and later made a hole on the breast part of the defendant's chest (the 40 pages of the investigation record). After the fact-finding, the defendant made a statement to the effect that he was knee part of the defendant's chest and kne part of kne part at one time, and knee part of kne part at one time and knife part of knife, and knife part of knife part of knife at the time of the defendant's first statement and knife part of knife part of the defendant's statement are not consistent with his reasoning.

B. We examine the judgment on the assertion of unfair sentencing, and the degree of injury of the victim due to the instant crime is not limited, and the victim wlves the trial cost first.

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