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(영문) 광주지방법원 2014.12.26 2014노2260
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant did not have any intention to inflict injury on the victim by harming TV. 2) The victim’s injury was merely based on the king, not due to the instant injury, and there was no causation between the Defendant’s act and the victim’s injury.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts is based on the following: (a) the statement made by the victim's investigative agency to determine the intention of injury; (b) the F's investigative agency and the statement at the court of original instance; and (c) the statement and field pictures of the victim; (c) the victim's strings the victim's left arms in drinking because the victim's singing in the singing room did not have the mind; and (d) the victim used violence, such as bucking in the hand room; and (b) the victim moved the victim to the waiting room, and (c) the defendant was able to take two U.S. 1 toward the victim's face by entering the waiting room, and the defendant was able to recognize the causal relation between the victim's string and singing employee; (c) the defendant did not have any intention to injure the victim; and (d) the defendant did not have any other reason to recognize the defendant's string TV connected with the line with the victim's string in the process.

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