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(영문) 부산지방법원 2013.08.13 2013노871

상해

Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion of misunderstanding of facts is true that he fights with the victim, or the body of the victim was fighting with his head on the wall, and the victim was faced with the wall, and the body of the victim was faced with the accident. However, the lower court erred by misapprehending the Defendant’s head by gathering the body of the victim’s head on a drinking scale, thereby causing approximately two weeks of treatment as stated in the facts of the crime in the lower judgment, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence on the ground of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) The following facts or circumstances acknowledged by the court below, including the witness E and F’s respective legal statements and G police statements, were duly adopted and investigated by the court below; i.e.,, the victim’s installation and movement of a passenger vehicle onto the side of the “D” restaurant building operated by the defendant; and the victim suffered an injury where the victim fights into and out of a blick with the Defendant’s body attached thereto; and F, at the headline of “D” restaurant “I” restaurant, sent the victim’s head by gathering his body at the time, and the defendant was present at the victim’s head by gathering the body; if the victim’s head by gathering the treatment immediately after the occurrence of the instant case, the victim did not change the victim’s body from 10 to 3.5 p.m., the victim’s statement at the G hospital center to 15 p.m. of the victim’s body, see the first instance court’s consistent statement from 15 p.m. to 3.m. of the victim’s body.