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(영문) 창원지방법원 2013.05.16 2012노2385
상해
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. In the absence of the fact that Defendant A was assaulted by the victim B only and did not inflict any injury by assaulting the victim B, and Defendant B was assaulted by the victim A and did not inflict any injury by assaulting the victim A, the lower court found the Defendants guilty of all the charges of this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the Defendant: a fine of five million won each) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below on the assertion of mistake of facts, Defendant A may sufficiently recognize the fact that Defendant B inflicted an injury by assaulting the victim B, and the fact that Defendant B inflicted an injury by assaulting the victim A, and it cannot be said that there was an error of law affecting the conclusion of the judgment by misunderstanding the facts as alleged by the Defendants, and thus, the Defendants’ assertion of mistake of facts is without merit.

B. We examine the argument of unfair sentencing, and it is recognized that the Defendants do not seem to seriously reflect their mistakes, such as denying each of the crimes in this case, and criticize only the other party’s mistake, etc.

However, Defendant A did not have any other criminal history except for a fine imposed once due to the violation of the Food Sanitation Act; Defendant B did not have any other criminal history except for a fine imposed on the violation of the Punishment of Violences, etc. Act; Defendant B appears not to have much degree of assault and injury inflicted on the other party; the Defendants appears to have committed each of the crimes of this case in a situation where the dispute is not good enough to appraise each other; and the Defendants’ age, character and behavior, intelligence and environment, motive and background of the crime, method, and method of the crime.

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