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(영문) 광주지방법원 2018.11.21 2018노2747
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted all of the facts charged of this case although there was no fact that the defendant was the victim, and there was a disturbance in relation to the obstruction of business, but did not interfere with the business of the victim. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court to have been duly adopted and investigated by the lower court on the assertion of mistake of facts, i.e., ① the victim consistently stated in the investigative agency and the court of the lower court that “the Defendant was at the time of the victim’s scam with the floor by hand, the Defendant was scam and the students who were in the office at the time of the Defendant’s disturbance, were unable to perform their duties on the same day.”

F also, in light of the fact that the investigative agency and the court of the court below consistently observed that “the defendant observed her her buck with the victim’s hand floor, and the person waiting to work in the office did not work all,” and (3) the victim was diagnosed with the inside and outside of the hospital on the day of the instant case, it can be sufficiently recognized that the defendant injured the victim as stated in the judgment of the court below, and that the defendant sufficiently recognized the fact that the defendant interfered with the operation of the job placement office of the victim. Thus, the above argument by the defendant is without merit.

B. The instant crime of determining the illegality of sentencing is recognized as having to consider equity with a case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act in relation to the concurrent crimes between the crime of violation of the Punishment of Violences, etc. Act (joint injury) for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act

However, it is not good that the crime of this case is committed.

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