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(영문) 부산지방법원 2016.09.30 2015노4198

과실치상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant A guilty of the facts charged against Defendant A despite that the victim’s injury was not caused by Defendant B’s act because it was beyond the Defendants, and the victim was not caused by Defendant B’s act.

B. The prosecutor, Defendant B, while fighting fighting with Defendant A and fighting fighting fighting, did not injure the victim. As such, the court below found Defendant B not guilty of the facts charged as to Defendant B, despite the negligence of Defendant B on the part of the victim, was erroneous in the misapprehension of facts.

2. Determination

A. Defendant A asserted that Defendant A’s assertion of mistake of facts was identical to the grounds for appeal under this part of this part of this case at the lower court, and the lower court rejected the said assertion by providing a detailed statement of the judgment under the title “judgment on Defendant A and the defense counsel’s assertion.”

Examining the above judgment of the court below in a thorough comparison with the records, it is justified and acceptable (a witness M in the situation at the time was sent to the victim in the trial, and the damaged person was the victim's body, and the damaged person was malicious and sound.

The court below did not err in the misapprehension of facts.

Therefore, Defendant A’s assertion of mistake is without merit.

B. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the prosecutor’s assertion of mistake of facts, the victim suffered injury due to Defendant A’s act.

The evidence submitted by the prosecutor alone is insufficient to recognize that Defendant B was injured by the victim while fighting with Defendant A, and there is no other evidence to acknowledge it.

① At the lower court, H was either the lower court’s “Defendant B, who seeks to go back to the lower court,” and Defendant B.