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(영문) 대전지방법원 2014.08.13 2014노1000
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Although it is recognized that the labbage of the victim of mistake of mistake was taken out of the laundry site, and that the victim was led beyond the victim, there is no fact that the victim was followed by the next lab.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

The court below found the defendant's assertion of mistake of facts based on the evidence duly adopted and investigated by the court below, i.e., the following facts and circumstances, i., ① the victim's statement prepared on December 1, 2012, which was the date of the case, or the investigation report prepared by the police officer called upon upon the victim's report, but there is no evidence to find the fact that the victim followed the victim's side interest. However, the victim reported to the police as soon as possible because he did so at the time of the report, and the victim reported to the police, and the victim made the first statement from the police to the court of the court of the court below, and the victim's statement was consistent and consistent with the victim's first statement from the police to the court of the court of the court below. ② The victim's statement of G and H does not interfere with recognizing the credibility of the victim's statement; ③ The defendant's statement was acknowledged that the victim suffered an injury requiring medical treatment for more than 4 weeks since it was found that there was no evidence supporting the victim's side interest.

The instant crime of determining the Defendant’s assertion of unreasonable sentencing was committed by the Defendant, by putting the victim’s flaps, leading the victim out of the laundry site, and putting the victim out of the laundry site, and taking the victim’s side laundry, etc., thereby incurring injury for a period of four weeks.

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