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(영문) 부산지방법원 2015.02.05 2014노4307
상해등
Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 1.5 million won.

3.2

Reasons

1. Summary of grounds for appeal;

A. Although Defendant B’s assertion of mistake of fact did not contain assault or bodily injury as stated in the facts charged, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence on the Defendants’ assertion of unfair sentencing (Defendant A: imprisonment with prison labor for one year, Defendant B’s imprisonment for one year, two years of suspended execution and probation, and 200 hours of community service order) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. Of the facts charged against Defendant B, the summary of the facts charged in this part (i) and the summary of this part of the facts charged in this part of the judgment of the court below are as follows: “On July 24, 2013, the defendant was found guilty of this part of the facts charged in light of the following: “On the ground that, around 19:40 on July 24, 2013, the defendant was dumped with the Defendant at the upper end of the G apartment of the Busanbuk-gu, Busan at around 207, on the street with the Defendant A, with each other, with respect to the above A’s fump, which requires approximately three weeks medical treatment.” The court below found the Defendant guilty of this part of the facts charged by taking into account such macroficial evidence.

In full view of the evidence duly adopted and examined by the court below, the above defendant A, who tried to walk up by the defendant B, first of all, assaulted the victim's shoulder by cutting down the victim's shoulder by breathing the breath and cutting down the breath, and then breathing the victim's J, who was his son's son, by cutting off the above victim's arm's length at the hand of the victim's breath, and walking the above victim's breath of the above victim's arm's length. In this process, the defendant B added his body to prevent the defendant A on the ground of the above facts. Accordingly, according to the above facts of recognition, the defendant B, as his son, may defend the defendant's attack on the part of the defendant A and use his her breath, and defend the victim's breath of the victim's breath of his son.

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