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(영문) 울산지방법원 2015.11.27 2015노905
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the day of the instant case of mistake of facts, the Defendant was only her boomed with the victim, but did not inflict an injury on the victim as stated in the facts charged, and the injury of the victim was caused by the Defendant and the victim’s body fighting. However, the lower court found the Defendant guilty of the facts charged, which erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts: ① The victim, in the investigative agency and court of the court below, was made by the defendant on the left side side and the left side side, and the defendant was flab and flab, and the defendant was flab.

In full view of the fact that the defendant made a consistent and concrete statement to the effect that he was teared in the process, ② at the time of the instant case, F made one straw at the time of the instant case, and made a statement to the effect that the victim and the defendant were faced with the victim when the victim were born, ③ the defendant made a statement to the effect that he was faced with the victim when the victim was born, ③ the defendant made two bombs of the victim (Evidence No. 21 of the evidence record) at the investigative agency, and the defendant made a statement to the effect that he was bombs with the victim (Evidence No. 21 of the evidence record), and that he recognized the body bombs and bombs with the victim, it can be sufficiently recognized that the defendant sustained

B. We examine the judgment on the assertion of unfair sentencing, the defendant reflects the crime of this case, the injury of the victim is not serious, and the victim does not want the punishment of the defendant under the agreement with the victim. However, the defendant inflicted an injury on the victim on the ground of simple trial expenses in the game room, and this case.

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