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(영문) 부산지방법원 2014.07.25 2014노1829

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim and, if so, assaulted the victim.

The court below found the defendant guilty of the injury resulting from the assault in this case, because it could not have predicted the result of the assault in this case, and there is an error of law of mistake of facts.

B. Even if the court below found the defendant guilty of unfair sentencing, the sentence of imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) of the court below is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant assaulted D and feled the Defendant and feld the victim of the fighting, the victim was faced with knee in the iron system located in that place while beyond the victim, and the victim suffered from 13 weeks of feeeeene in need of the subsequent 13 weeks of treatment.

Furthermore, as to whether there is a possibility of predictability or not, if knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

As such, this part of the defendant's assertion is without merit, since the possibility of predictability is sufficiently recognized between the defendant's assaulting of the victim and the result of violence and suppression.

B. In full view of the fact that the defendant denies and does not reflect the crime, the victim's damage caused by the crime of this case is serious, the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below is deemed appropriate, and therefore, this part of the defendant's assertion is without merit.

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