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(영문) 창원지방법원 2015.01.21 2014노1810

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant did not err in misunderstanding of facts. Defendant A did not have pushed the victim B’s spatch with spather, or attempted to injure the victim.

Rather, the victim first frenched the Defendant, and the victim was the Defendant’s right arms to avoid this, and the victim was only the victim suffered injury in the process of reducing the Defendant’s arms.

(2) Defendant B did not commit any assault against the victim A, and instead, was unilaterally assaulted by the victim.

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of 1.5 million won, Defendant B: a fine of 500,000 won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by Defendant A’s judgment and the evidence duly adopted and investigated by the court below, namely, ① the victim B attempted to see one’s own timber with one hand and to see the opposite hand, and consistently made a statement to the effect that he suffered bodily injury, such as the deprivation of flab in the process; ② the Defendant was able to live in the flab of the victim first, and ② the Defendant was able to flab. The Defendant made a statement to the effect that he had continuously flabbbling the flab, and that the Defendant was flabing the Defendant’s flab, and was flabing the Defendant’s flab, and that he was flabing the Defendant’s flab while flabing the Defendant’s flab, and consistent with the statement of the said victim.

(2) According to the following circumstances acknowledged by the evidence duly adopted and investigated by Defendant B and the trial court, namely, the injury photograph and the injury diagnosis report, the Defendant asked the victim’s right part at the victim’s right part and asked about about 10 days of treatment, and appears to have inflicted other damage on the part of the following arms.