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(영문) 부산지방법원 2013.03.21 2012노3356

상해

Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C are not guilty. Defendant A’s appeal.

Reasons

Summary of Grounds for Appeal

A. Defendant A (1) misunderstanding of facts) Although Defendant A did not have inflicted an injury on the above victim by breaking the body of the victim F, Defendant A was guilty, the lower court found Defendant A guilty of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. Although it is not an unreasonable sentencing case, the lower court’s sentencing (fine 700,000) is too unreasonable.

B. Although Defendant B, C1 of mistake of facts, Defendant B, and C did not jointly inflict an injury on the above victim by putting the head bonds of the victim G or destroying them over the floor, the lower court convicted Defendant B and C of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) Even if not, the lower court’s sentencing (Defendant B: a fine of KRW 700,000 and a fine of KRW 300,000) is too unreasonable.

Judgment

A. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined the Defendant A’s assertion of mistake of facts, namely, the victim F, around October 26, 201, due to the parking management issues around 20:00, the victim F, who was dissatisfied with the Defendants, was a new part of the Defendant A, and subsequently, did not follow the said Defendant’s hand-over from the said Defendant.

‘A witness’s statement to the effect that the victim F made a relatively detailed statement to the effect that he was assaulted by Defendant F, the time and background of the assaulted by Defendant F, and the method of assault, etc. ② At the time, the victim F made the victim F’s statement to the effect that the victim F was aware of the above victim’s appearance, also corresponds to the victim F’s statement (in particular, I made the witness’s statement by specifying the location of the Defendants at the time of the instant crime at the investigative agency, and made the witness’s statement in detail, such as the reproduction of the crime).