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(영문) 창원지방법원 2016.11.23 2016노2711

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the course of expressing a complaint against the treatment of civil petitions, Defendant 1 committed an act that could inflict an injury, such as flabing the E’s flab and flab, as indicated in the instant facts charged. Nevertheless, the lower court found Defendant guilty of the instant facts charged, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment of unreasonable sentencing (three million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, especially the victim’s investigation agency from the victim’s investigation agency to the court of the lower court’s trial to the court of the lower court, it is sufficiently recognized that the Defendant, as indicated in the instant facts charged, flabed the victim’s flab, and flabed and flabed the victim’s fla

Therefore, the defendant's assertion of mistake is without merit.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing on each of the grounds of unfair sentencing.

The fact that the defendant is an initial offender with no criminal power, and the result of the injury suffered by the victim is not much serious is a favorable condition.

On the other hand, each of the crimes of this case committed two losses by the defendant, who is a public official in charge of civil service belonging to the Korea Military Service, is shaking the franchis of the victim who is a public official belonging to the Korea Military Service, and interferes with the legitimate execution of duties by pulse officials in handling civil service by using the part below the victim's title, and at the same time, it is not good that the victim committed the crime, and the defendant denied the charge to the court and did not completely repent it with the victim until now.