(영문) 부산지방법원 2015.06.05 2015노682 | 리걸엔진

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(영문) 부산지방법원 2015.06.05 2015노682

상해등

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The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for 4 months with prison labor for the crime No. 2 and No. 3 of the decision of the court below.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime No. 1 of the judgment of the court below claiming a mistake of facts, the Defendant: (a) had a victim D’s hand in order for the victim D to get out of the Defendant’s breath, within the “EM” book; (b) however, there was no injury inflicted on the victim D with approximately three weeks of the victim D’s hand, leading the victim D’s hand, and leading the victim D with approximately three weeks of medical treatment.

B. The court below's decision on the grounds of unfair sentencing (two years of suspended sentence in June and six months of imprisonment in case of crimes Nos. 2 and 3 of the decision of the court below) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., victim D’s first police investigation conducted on the following day of the instant case: (a) the Defendant her her her her son expressed alcohol to the extent he / she operates.

Therefore, since the defendant's "I do not go too much to her husband", the defendant tried to take out the defendant out of the place, when I want to take the defendant's desire and resist the defendant.

At the same time, No. 1 had the door door, and had the bath door resisted against the Defendant, and the Defendant again took the bath, leading the knife, leading the knife, leading the knife to the outside and leading the knife, while taking the bath again.

'' At the stage of the prosecution, the victim D was able to write down his son while taking the defendant's desire, and led him to the extent of 1-2 meters.

The defendant's assertion that the victim's loss was brought up at the moment in order to spread the victim's D merely is inconsistent with the defendant's assertion. ② The victim's victim D visit the T convalescent on the following day of the case to about three weeks.

유사 판례

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