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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2017.02.15 2016노388
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal explicitly withdrawn the misapprehension of legal principles on the first trial date.

A. In fact, the Defendant’s misunderstanding of the fact did not have the intent to injure the victim, but did not have any intention to injure the victim’s left shoulder or walked with the victim’s bucks. The Defendant did not support the victim’s bucks.

Nevertheless, the judgment of the court below which convicted all of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below's judgment and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant was aware of the injury of this case at the time of this case, and the defendant was aware of the injury of this case, and the defendant was able to fully recognize the fact that he was walking the victim's left shoulder and walk the victim's bucks. Thus, the court below's judgment convicting the defendant of this case is justified.

Therefore, the defendant's assertion of facts is without merit.

The victim's police statement (No. 9-10 pages of evidence records) was put in front of the press machine in charge of the victim's police statement (the 9-10th page of evidence records) and was put in front of the right straw.

Since it is two times to find who used to put in the guns of the arm's length, the foreigner "H" next to the driver's length came back to his hand and the decision to grant him the right to vote.

A saw a 50cc away from his front, and her length is 50cc or more, and he pushed off A's shoulder with his left shoulder by hand.

After that, A shall be the right.

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