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(영문) 부산지방법원 2014.05.16 2014노806
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal does not contain assault against the victim or injury to the victim. Thus, the judgment of the court below which found the Defendant guilty of all the facts charged in this case is erroneous in misunderstanding of facts, and is not

Even if the judgment below's punishment (1.5 million won) is too unreasonable, it is too unreasonable.

2. Determination

A. The testimony of F, G, and H, the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, considered the victim's superior position.

It is sufficiently reliable in light of the consistency and accuracy of the statement that the defendant abusedd against the victim or the victim, and comprehensively taking account of each of the above evidence, the facts charged in this case can be fully acknowledged. Thus, this part of the defendant's assertion is without merit.

B. In full view of the judgment on the assertion of unfair sentencing, the defendant's refusal to commit the crime and did not reflect it, and the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below is deemed reasonable, and therefore, the defendant's assertion on this part is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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