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(영문) 부산지방법원 2017.06.15 2016노5020 (1)

폭력행위등처벌에관한법률위반(공동상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not threaten the victim G, and did not assault or injure the victim I, J, or K, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence (2.00,000 won 5,000 won) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the trial court as to the assertion of facts: ① the victim G testified that “the Defendant was preparing for auction at the time, and was able to do so while entering the port; and the Defendant had consistently made a statement to the effect that he would threaten and interfere with his business by finding several times prior to the Defendant (Evidence No. 12, 13, 14 of the evidence record)”; ② The victim J attempted to remove himself from the bottom of the lower court’s body by putting the Defendant’s balth, and 3rd at the time of the Defendant’s balthm and 8thm and 8thm of the Defendant’s balthm and 3th of the Defendant’s balthm and 8th of the Defendant’s balthm and 8th of the Defendant’s balthm and 3th of the Defendant’s balth of the Defendant’s body,” and the victim’s 3th of the Defendant’s balth of the Defendant’s body.