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(영문) 부산지방법원 2016.01.22 2015노2132
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the Defendant did not have engaged in the Victim G, and recognized the fact that fightingd with the victim D and the body was inflicted on the victim D, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of all the charges of this case by misapprehending the facts.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. First of all, we examine the allegation of mistake of facts as to injury to the victim G.

In other words, the following circumstances recognized by the evidence duly adopted and investigated by the lower court and the first instance court, i.e., ① the victim was consistent from the investigation agency to the trial court at the same time, and the victim was in line with the Defendant’s bucking from the defendant.

There is a statement that the victim's face corresponds to the victim's statement, ② a photograph, injury diagnosis report, etc. being balcond with the victim's statement, ③ there is a statement that the defendant also stated that the victim is baled by pushing the victim, and that the victim should not be postponed from opening.

The court below's decision is proper and there is no illegality of mistake of facts as alleged by the defendant, in full view of the fact that the defendant made a statement in an investigative agency does not go against the victim's statement and the fact that he did not go against the victim's statement.

Next, I examine the injury of the victim D.

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court, i.e., (i) the victim consistently from the investigative agency to the appellate court, and (ii) took the face from the Defendant to the Defendant’s face.

The defendant made a statement, ② the defendant's breath with breath as his hand, and the photograph.

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