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(영문) 창원지방법원 2014.11.13 2014노1249
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of law that affected the conclusion of the judgment by misunderstanding the facts, and the punishment (two million won of a fine) declared by the court below is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, since the defendant could sufficiently recognize the fact that the defendant inflicted an injury on the victim F (hereinafter “victim”) as stated in the facts charged, the defendant's assertion of mistake of facts is without merit.

B. As to the assertion on unfair sentencing, even if the Defendant considers that the Defendant committed the instant crime by reporting that the Defendant gave a severe desire to female-friendly job offers C, thereby preventing the Defendant from committing the instant crime, that the Defendant is a disabled person of Grade III with intellectual disability, that the Defendant’s economic condition is not good, and that the Defendant does not have the same criminal power to punish the Defendant, the instant crime is committed jointly with C, thereby keeping the victim’s part of the victim’s seat at his own discretion, putting the victim’s face at one time by drinking, standing the victim’s face at one time, standing the victim’s body, standing the victim’s face at one time, etc., and taking the victim’s face at one time, etc., and was not easy to agree with the victim; the Defendant failed to reach the judgment of the court; the Defendant’s other character, character and environment of the Defendant, the circumstances and result of the instant crime; and the circumstances in the records and arguments after the instant crime, etc., and thus, the lower court did not have any justifiable reason to deem the Defendant’s sentencing.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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