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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 제주지방법원 2015.12.24 2015노313
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) With regard to the charge of assault, among the facts charged in the instant case, there was no assault against the above victim since the victim F was knife by the Defendant, even though the Defendant was flicked, and thus, the Defendant did not commit any assault against the above victim. 2) As to the charge of bodily injury among the facts charged in the instant case, the Defendant did not incur any injury by pushing the victim F from the perspective of the judgment.

B. Even if each of the above facts charged is found guilty, the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. Determination on misunderstanding of facts 1) The court below duly adopted and examined the facts as follows: ① the victim F made a statement in the court below and the court of the trial; ② the victim F made a relatively objective statement in the situation of the defendant's trial; ② the victim F made a statement that the defendant was living in the investigative agency; ③ the victim F made a statement that he was living in the court of the trial and the court of the trial; ③ the victim F got a disposition of suspension of indictment at the Jeju District Public Prosecutor's Office, ③ the victim F made a statement that he was living in the defendant; ③ the victim F avoided or prevented him from driving in the court of the trial; provided, if the victim was found in the latter part of the above victim, it is hard to see that the above victim was assault or injured by the victim; and therefore, the court below found the defendant guilty as to this part of the facts charged.

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