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(영문) 인천지방법원 2013.09.13 2013노1464
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which sentenced the defendant guilty in the absence of the defendant's injury to the victim was erroneous and the judgment of the court below affected the conclusion of the judgment.

B. The Defendant suffered bodily injury in the course of setting up against the victim by misapprehending the legal principles.

Although the defendant's act was passive resistance to avoid an unjust attack by the victim, the court below's judgment of conviction against the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

C. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (1.5 million won of fine) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.

B. The lower court duly admitted and examined the following circumstances based on the evidence duly admitted and examined by the lower court, namely, ① the victim made a statement from the investigative agency to the lower court that the Defendant was faced with her fat, face, hair, and chest part, relatively consistently. ② According to the results of the inquiry into the Incheon Training Police Station, the employee of G in the name of G working at the main place where the instant crime was committed was committed, at around 00:48 on August 14, 2012, reported the police to the effect that “Won fats shall seriously fighting.” On the said main place, H, who worked at the lower court, stated that he was unable to have the Defendant and the victim sent her fat even though she was present at the court. ③ According to the images of the victim’s body image taken immediately after the instant crime, the victim’s body appears to have been on the part of the victim’s body, etc., and ④ according to the victim’s diagnosis document prepared on the date of the instant crime.

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