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(영문) 서울중앙지방법원 2014.07.18 2013노3979
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. At around 22:00 on January 8, 2013, the Defendant, as an employee of Co., Ltd., suffered injury, such as salt dump, etc. of the aggregate part, which requires medical treatment for about 14 days, on the ground that the victim H, who is an employee of the above E station, was fump, when the said E station operator, and the E station operator, dispute over the issue of operating rights of G and E station, which is an employee of the above E station, fump, fump, etc., was fump, etc. of the victim on the ground that the victim H was fumpted to the above F.

2. The lower court found the Defendant guilty of the instant facts charged by adopting the victim H’s legal statement, injury diagnosis report, etc. as evidence.

3. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts: only the victim's bat at the time of misunderstanding of facts, and there is no fact that the victim's bat and spaths were fated by drinking.

B. Legal principles: In the process of preventing the victim from leading him to F, who is the defendant's daily behaviors, the victim's breath cannot be deemed unlawful.

C. Unreasonable sentencing

4. Determination on the grounds for appeal

A. (1) As to the erroneous determination of facts, there is only a statement of the victim’s preparation and a statement of the court below in the indictment of this case as to whether the defendant prices the victim’s clothes and necks on drinking or not, and there is only a statement of the victim’s preparation and a statement of the court below in the indictment of this case as to the evidence that seems consistent with the part that “the defendant made a statement of the victim’s s

However, according to the victim's legal statement in the court below, the victim stated that "I tell that I will satisfy befyed, unless I correct in the process of bating a witness's bat," and again I stated that "I would like to see that I will befyed up with a witness's satch and satch," and that "I would like to see the defendant's sat and satch with a witness's satfy."

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