(영문) 창원지방법원 2015.05.21 2015노768 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2015.05.21 2015노768

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below which recognized that the defendant had inflicted bodily injury upon the victim even though he had the balth of flaps of the victim, but did not have the victim's face by harming the victim beyond the victim, and the defendant did not have the victim's face by balthing the victim's balth.

B. The Defendant asserts that the sentence imposed by the lower court (two months of imprisonment) is too unreasonable.

2. Determination

A. In the trial of the trial of the party, the prosecutor added “the defendant was sentenced to ten months of imprisonment with prison labor on November 7, 2014 due to a violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc.) and the judgment became final and conclusive on March 26, 2015” to the facts charged in the trial of the party, and applied for amendments to the indictment to add “the latter part of Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the law, and the judgment of the court below was modified by this court’s permission. Thus, the judgment of the court below was no longer maintained.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in

B. On June 14, 2014, at least 11:40 on June 14, 2014, the Defendant of the instant facts charged: (a) was the victim E (at the age of 56, 700,000 won, i.e., a fine for negligence for the following reasons: (b) the victim E (at the age of 56:0,000 won, i.e., the age of 56).

(1) Dried brush death dates

E. 200,000 won or less of fine.

In doing so, "the breath of the victim's breath with balth, the balth of the balth of the victim's balth, and the victim's balth of the balth of the balth and the balth of the balth of the balth of the balth of the balth,

2. The lower court found the Defendant guilty of the facts charged in this case.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제37조

-형법 제39조 제1항

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