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(영문) 창원지방법원 2016.04.27 2015노2800
상해등
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 1,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. 1) Special intimidation Defendant did not have committed any act that seems to be when the victim was inserted.

2) There is no fact that the injured Defendant was booming the victim’s timber.

B. The sentence that was sentenced by the lower court (hereinafter “the penalty”) is too unreasonable.

2. Determination

A. 1 Determination as to the assertion of mistake of facts

statement.

However, the lower court, based on the evidence duly admitted and investigated, threatened the victim, i.e., ① the victim, consistently from the police to the lower court, with the victim as stated in the Defendant’s inserting inserted articles toward the victim, thereby threatening the victim.

(2) The witness F, who had observed the scene at the time, had the defendant satisfy by committing the act that the defendant seems to have been satisfying with the victim's head.

In full view of the following facts: (a) the witness statement; (b) the witness statement at the present site and the statement that he/she would know whether he/she was the Defendant’s insertion before his/her arrival is well known; (c) the Defendant may sufficiently recognize the fact that he/she threatened the victim by inserting dangerous articles, such as the Defendant’s statement No. 1 in the judgment of the court below, while doing his/her act as he/she seems to have engaged in the harm of the victim; and (d) the above argument by the

2) The judgment of the court below and the court below consistently stated that there is no difference in the fact that the injured defendant does not have any difference in the victim's height and/or knife with the victim's height.

However, the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court, i.e., the victim from the police to the court below.

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