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(영문) 대구지방법원 2013.09.27 2013노1082
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error) is merely an unilateral assault, but the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. (1) The lower court found the Defendant guilty of the instant facts charged on the ground of the evidence indicated in the lower judgment.

(2) The following circumstances acknowledged by the evidence duly admitted by the court below, namely, ① there was a difference between the defendant's side and the victim's fighting team and the victim's body E, which eventually led to the victim's bodily injury during this fighting team, ② the defendant also made the investigation agency's "at that time E (victim) has reached the train, continued to enhance the speech and dispute, and his father tolds low-income and E with his hand at the middle of low-income and E. However, the father was removed from the victim's shoulder part of the victim's body with the victim's second hand, and the father was removed from the victim's body part with the victim's second hand, and the victim's body was removed from the victim's body part with the victim's second hand at the time of this fighting."

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