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(영문) 대전지방법원 2015.01.21 2014노1034
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The court below convicted the defendant, who is not a mistake E, has suffered an unilateral assault from a male in the name of the same person as D, and has not caused an injury to the victim as stated in the facts charged, but there is an error of law by misunderstanding the facts, which affected the conclusion of the judgment.

The punishment (fine 700,000 won) sentenced by the court below on unreasonable sentencing is too unreasonable.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination that the Defendant was deemed to have inflicted an injury on the victim is justifiable, and thus, the Defendant’s allegation in this part

The injured party from the police to the original trial court, the defendant was able to see his her flaps and spher head in the back of flaps, and spher head in the back of flaps. The victim discovered this and made a statement that he/she and the defendant were aware of the facts that he/she suffered from the defendant. While the statements in detailed parts are not consistent, it does not interfere with recognizing the credibility of the victim's statement concerning the damaged facts.

E stated in the police that the defendant was able to see the victim's head and the victim's hand.

According to the statement of the diagnosis of injury submitted by the victim, the victim suffered an injury that requires two-time medical treatment, such as the string of other hand and hand parts, the knife of the knife, the knife and tension of the knife of the knife, and other head parts, the knife of the knife, the knife of the knife, and

The statements of the victim and corresponding statements of E, and victims.

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