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(영문) 부산지방법원 2016.11.10 2016노2488

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty as to the facts charged that the defendant did not have committed an assault to the extent that the defendant was suffering from a shoulder shoulder at the time of the first assault (the first assault in the original judgment among the facts charged in the original judgment) of this case of mistake of facts, and it was evident that the defendant did not suffered from a brupt due to the defendant's assault even in light of the victim's statement, etc., even though it was evident that the defendant did not suffered from a bruption due to the defendant's assault. The court below erred by misunderstanding

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, at the time of the first assault of this case, the defendant also fighted by the victim's fat, fating fat, wearing a fat, sublet, and satising the body of the victim, and the victim's bodily fighting was recognized in the course of physical fighting as above, and there may be sufficient cases where the victim was injured by the fat fat fat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sats.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and it is erroneous as the defendant points out.