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(영문) 부산고등법원 2015.05.07 2015노20

폭력행위등처벌에관한법률위반(상습상해)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In relation to misunderstanding of facts or misunderstanding of legal principles, 1) Violation of the Punishment of Violences, etc. (Habitual Injury) against Victims G, the crime of this case is committed in the original judgment.

(4) Paragraph (4) does not have any assaulted by the Defendant at a time when the head part of the Victim G was taken place by drinking. 2) In relation to the violation of the Punishment of Violences, etc. Act (Habitually Injury), each injury and assault was committed in a contingent manner in light of the circumstances leading up to the relevant crime, etc., and do not lead to the Defendant’s violence and assault committed against the Defendant.

3) Regarding each violation of the Resident Registration Act (the facts charged in the original judgment)

A) Since the Defendant was aware of his resident registration number from the time when he was sentenced to punishment, the Defendant thought that the Defendant’s resident registration number was referred to in the physical records of the police officer, and that the Defendant did not have an intent to violate the Resident Registration Act. (c) The Defendant did not have an intention to violate the Resident Registration Act. The Defendant was sentenced to imprisonment with labor for an excessive period of three years (three years of imprisonment).

2. Determination

A. Determination on the assertion that the victim G did not have assaulted the victim G [the above 1.A.1] The court below duly admitted and investigated the following circumstances, namely, the victim G consistently stated in the investigative agency that "the defendant was in the form of the victim with the customer who was found on the new wall prior to the crime of this case, and the victim was assaulted three times by the victim's head during the process where the defendant tried to go to the victim." (Evidence record 193, 236 pages, defendant Do's head was sought to talk with the victim about the day on which the victim was in the same condition as the victim of the male guest, and the victim stated that the victim made a statement that the victim was fluentd with the wall and the test once in the talked, and the evidence record 250, 282, 282, 282, 2.