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(영문) 부산지방법원 2017.11.10 2017노2558

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Although the Defendant had a tension with the victim’s Hemn dancing, the Defendant does not have to write down the victim’s reputation or write down his fingers.

B. The sentence of the lower court (one million won) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① the victim stated to the effect that “the defendant was not able to enjoy her dancing, was exempted from clothes under the influence of her, was cut off, and her was cut off (Evidence No. 46,56 pages of the evidence record); ② the witness J’s statement made by the police officer was that “the witness was about to get off the her dog, was pushed off, was pushed off, was pushed down, and was pushed down, and was not considered to be drinking or to be.” (Evidence No. 39 of the evidence record); ③ The victim’s injury diagnosis statement (Evidence No. 49 of the evidence record) against the victim; ④ The credibility of the victim’s statement during the investigation process is recognized, but the credibility of the statement made by the police officer during the investigation process (Evidence No. 76 of the evidence record) is not recognized.

Therefore, it is just that the court below found the defendant guilty on the basis of the evidence held by the court below, and the defendant's assertion of facts is without merit

B. As to the wrongful assertion of sentencing, this case was derived from the motive of the defendant to protect his future and the defendant is a recipient of basic living, and the defendant is also partly damaged due to both assault, but the defendant, even though several times of violence have been committed, he first committed violence against the victim, and did not reach a final agreement with the victim.

In addition, the Criminal Act, such as the age, sex, etc. of the defendant.

참조조문