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(영문) 부산지방법원 2014.07.03 2014노517
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay a fine.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty is erroneous in erroneous determination of facts, even though the defendant was unilaterally abused by the victim and did not assault the victim.

B. The lower court’s imprisonment (six months of imprisonment and one year of suspended execution) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) the victim has consistently and specifically stated from the police to the lower court that he suffered an injury by assault by the Defendant as described in the facts charged; (ii) the injured person stated in the written diagnosis of the injury to the victim is the subject of the command, the lower court’s platform, the lower court’s humf, the humf, the humf, the humf, the humf, the humf, the humf, and the heart humf, etc.; (ii) the expected treatment period is two weeks; (iii) there was no other evidence to acknowledge the circumstances where the victim suffered an injury due to the victim’s assault from a third party or prepared a false diagnosis report; and (iv) H and G appeared in the lower court, who was a witness of this case, was present at the victim’s bar and did not know of the content that “the victim did not have any other part of the victim’s fighting.”

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