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(영문) 부산지방법원 2018.11.29 2018노3793
폭행등
Text

The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Although the Defendant could find the fact that the Defendant, as a misunderstanding of the facts, had inflicted an injury on the victim I’s right eye by drinking once, the lower court found the Defendant not guilty of this part of the facts charged. The lower court erred by misapprehending the facts.

2) The lower court’s sentence (one year of imprisonment) against an unfair defendant in sentencing is too unhued and unreasonable.

B. The lower court’s sentence against the Defendant is too unreasonable.

2. Determination

A. On July 24, 2018, around 09:20 on July 24, 2018, the summary of this part of the facts charged is that the Defendant, in front of the victim I (76 years of age) apartment H apartment of the Busan Dong-gu, Busan, the victim I (76 years of age), "I are not residents of the apartment," and the victim's fingers, and suffered bodily injury, such as damage to the crocf that requires medical treatment for about 10 days to the victim, on the ground that the victim I (76 years of age), and the victim I (hereinafter referred to as "Isle, other than residents of the apartment, and the victim's fingers, on his/her hand,

2) The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.

In line with the fact that the defendant suffered an injury, there is a medical certificate of injury, and the content of the medical certificate of injury is "(in the face of the injury)," "(in the face of the injury, the degree of the injury: the upper part and the degree of the injury: the upper part of the upper part of the upper part, the upper part of the upper part, and the upper part of the upper part, the upper part of the upper part, the upper part of the upper part, the upper part, the upper part, and the upper part."

And I said that he was at the right side of the defendant's lag while the defendant was off.

As stated in the medical certificate of injury, the victim suffered injury due to the defendant's act, in light of the injury part and degree stated in the medical certificate of injury.

The defendant cannot be seen as having injured the victim (the defendant who was off the victim's awareness).

3) The following facts are acknowledged based on the evidence duly adopted and investigated by the lower court and the first instance court.

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