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(영문) 부산지방법원 2014.05.22 2013노2451
상해
Text

The defendant's appeal is dismissed.

All of the instant applications for compensation are dismissed.

The costs of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In this case of mistake of facts, the victim paid the taxi fee and caused physical fightings with each other. The victim exceeded one another while the defendant was satising, and the victim continued to set up the defendant's satis in order to stop the victim's resistance. However, the court below erred by misapprehending the fact that the defendant suffered bodily injury, such as satise and tension, etc., on the part of the victim when the defendant was satising the victim's face and satise the victim's face. However, the court below erred by misapprehending the fact that the defendant suffered bodily injury, such as satise and tension, etc., to the victim at the time of the victim.

B. The lower court’s sentence on the ground of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below and the records of this case, the following circumstances, namely, ① the defendant asserts that “the victim has not made a statement from an investigative agency that he was exposed to the victim’s face by drinking only once from the investigative agency,” but the victim stated at the time of the police investigation on the day of the occurrence of the case that “the defendant made his face by drinking” (see, e.g., the page 41 of the investigation record). The court below stated that “the defendant made a face at the time of the defendant’s face” (see, e.g., the trial record 98 pages). The defendant voluntarily stated that “the defendant made a drinking time by drinking” at the time of the police investigation. At the time of the police investigation on his own, the defendant stated that “the victim was aware that he was sealed with the victim’s the head of math, first flading in fladth (see, e.g., the investigation record).

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