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(영문) 창원지방법원 2017.02.16 2016노3297
특수상해등
Text

All appeals by the defendant are dismissed.

Reasons

1. The judgment of the court below No. 1 on the scope of the trial of this court dismissed the prosecution regarding the assault among the facts charged, and sentenced the remainder of the facts charged, and the judgment of the court below No. 2 convicted the whole of the facts charged.

However, only the Defendant appealed the part of the judgment of the first instance and the judgment of the second instance, and the part of the judgment of the first instance concerning the dismissal of the public prosecution was not appealed by both the prosecutor and the Defendant. Therefore, the part concerning the dismissal of the public prosecution among the judgment of the first instance was separately

Therefore, among the judgment of the court of first instance, the conviction and only the judgment of the court of second instance are subject to the judgment of this court.

2. Summary of reasons for appeal;

A. As to the judgment of the court below 1, in relation to the guilty portion of the first instance judgment, the Defendant did not scam the victim’s head at the time.

Therefore, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The sentence (one year and six months of imprisonment) imposed on the defendant in the judgment of the court of first instance that was unfair in sentencing is too unreasonable.

B. As to the judgment of the second instance, the punishment (4 million won) imposed on the Defendant in the judgment of the second instance is too unreasonable.

3. Determination

A. In full view of the evidence duly admitted and examined by the lower court, such as the following facts: (a) as to the assertion of misunderstanding of facts in the first instance judgment, the witness E and G’s legal statement, and the letter of request for appraisal to the victim, etc., the Defendant, as stated in the facts charged in the instant case, i.e., the victim, etc. in the D restaurant located in Jinju-si C around May 27, 2016, drinking alcohol together with the victim, and drinking alcohol to the victim while taking a bath to the victim, and booming the victim, which is a dangerous object on his/her table, and booming the victim’s left head. As such, the Defendant 2nddd the victim with approximately two weeks of medical treatment.

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