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(영문) 부산지방법원 2016.06.23 2016노981

상해

Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant guilty of the facts charged in this case although the defendant had not inflicted an injury on the victim, which affected the conclusion of the judgment by misunderstanding the facts.

The punishment (one million won in penalty) imposed by the court below against the defendant is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (a) the witness E has consistently and consistently made statements that correspond to the facts charged in the instant case from the investigative agency to the court of the lower court; and (b) the witness G was in favor of the Defendant and the victim in the court of the lower court.

The statement is that the defendant and the victim used the arms with each other, and the witness F entered the house after the above dispute and went to the victim's hand, and taken the photo of the victim.

In light of the fact that the instant crime was committed on January 13, 2015, and the photograph taken by the victim around January 13, 2015, the fact that the Defendant inflicted an injury on the victim, as stated in the instant facts charged, can be sufficiently recognized, in light of the following: (a) the victim’s growth side is growing on the part of the victim; (b) the victim’s fingers are being exposed from the victim’s fingers; and (c) the victim was also injured by the victim in collaboration with F and was under trial ( Busan District Court Decision 2016DaMa8777).

Therefore, this part of the defendant's argument is without merit.

There are circumstances that can be considered such as the defendant's primary offender in determining the illegal argument of sentencing.

However, the crime of this case was committed by the victim living in the upper part of the large line on the ground of noise between the floors, and the degree of violence used as a quizzle to the victim's breath, and the victim's quizzle was not somewhat weak. The defendant denied the crime of this case.