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(영문) 창원지방법원 2014.09.24 2014노1103
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any assault against the victim as stated in the judgment of the court below, and was unilaterally abused by the victim.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly admitted and adopted by the court below, i.e., ① the victim made a consistent statement to the effect that the defendant was punished by the fighting of this case at first considering the defendant's examination of his female life, ② the witness of this case at the time F also made a dispute between the defendant and the victim, ② the victim at the time made a statement to the effect that it was difficult for the defendant to flickly and flickly flickly flickly, against the victim at first, the victim at the time made a statement to the effect that the victim was flickly flickly and flickly flickly (Evidence No. 13). ③ According to the medical certificate of injury and the photographs of the injured part, the victim appears to have suffered around 20 days in the light of the fact that the victim was unilaterally assaulted by the defendant from the victim (Evidence No. 44 and 48 of the evidence record).

B. As to the assertion on unfair sentencing, the Defendant also suffered injury, such as inside 49 days of medical treatment due to the instant fighting, and the injury to the Defendant, and there was no record of punishment due to the same kind of crime, and the victim did not want the punishment against the Defendant, etc. are favorable circumstances to the Defendant.

However, the defendant first seems to have started the fighting in this case while taking an examination on the female spawn of the victim.

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