(영문) 부산지방법원 2016.06.03 2015노4687 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2016.06.03 2015노4687

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty, despite the fact that the Defendant unilaterally abused the victim and did not have inflicted an injury on the victim.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, the lower court’s finding the Defendant guilty of this part of the facts charged on the ground that it can be acknowledged that the Defendant inflicted bodily injury on the victim C as alleged in the instant facts charged, and that the lower court found the Defendant guilty of this part of the

1) The victim C had a fake to hear the horses of the Defendant from the investigative agency to the court of the court below.

The defendant was satisfying outside the defendant's tourist bus and the defendant made a consistent and concrete statement on the circumstances and circumstances of the crime of this case (the trial record 74-75 pages, evidence records 18-20, 94 pages). 2) The victim C suffered injury that requires three weeks of medical treatment due to the crime of this case (the trial record 74 pages, evidence records 7,95 pages). 3), along with the statement that the victim C was faced with the defendant that "the defendant was satisfying first, the defendant was satisfy with the face of drinking and satisfying one another in response to the defendant's face." In light of the fact that the above statement was a confession that recognized the injury of the defendant against the defendant, and it is difficult for C to find the motive that the defendant made a false statement unfavorable to him, it is difficult to reject its credibility.

Therefore, the defendant's assertion of facts is without merit.

B. The instant crime of determining the illegality of sentencing is underway with the Defendant.

유사 판례

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