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(영문) 부산지방법원 2013.06.21 2013노867

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in paragraph (2) of the facts constituting a crime in the judgment of the court below, the Defendant did not take a bath to the police officer or assault theJ, and instead was unilaterally abused by theJ.

B. The sentence imposed by the court below on the defendant (the fine of KRW 5,700,00) is too unreasonable.

2. Determination

A. The following circumstances, which can be recognized by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the police officer J consistently from the investigation agency to the court of the court below, and consistently stated that there was an assault by the defendant as stated in paragraph (2) of the criminal facts in the judgment of the court below as stated in the judgment of the court below, and it is consistent with the witness Ldo investigation agency to the court of the court below and the court of the court below to consistently stated that the defendant tried to kill or remove balth, selling and selling while taking a bath to J. And M made a statement consistent with the defendant's argument, but M's statement is difficult to believe in light of M and the defendant's relationship. Thus, the defendant's assertion of mistake of facts cannot be justified.

(On the other hand, even if the record is examined with respect to the damaged part, there is no reason to investigate and reverse it ex officio).

As to the assertion of unfair sentencing, the Defendant has already been punished twice as a violent crime before committing the instant crime, and the obstruction of performance of official duties among the instant crimes is necessary in that it impairs the authority of the public authority and brings an obstacle to the establishment of legal order, and the Defendant is in the trial.