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(영문) 부산지방법원 2016.09.01 2015노3759
상해등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

On December 14, 2013, at around 03:20 on December 14, 2013, the Defendant: (a) committed assault against the victim, such as assaulting the victim’s name on the body of the victim, who was listed above the body of the victim, and taking the victim’s name on his/her hand, from the Ejuk point of the operation of the victim C victim D (M, 48 years of age) in Busan-gu, Busan-gu.

The Defendant was injured at around 03:30 on the same day at the parking lot for the crime prevention patrol team (Gu Southern Police Station) at the Southern-gu Busan Metropolitan City Police Station at around 350, and the above A.

The victim, who was assaulted in the port, tried to drive away the defendant again, knife the victim's knife with his hand, and knife the victim's face with his hand, thereby leading the victim to a diversified life which requires approximately two weeks of treatment.

Summary of Grounds for Appeal

In addition, the defendant misjudgments about the gist of the grounds for appeal by the court below did not go to the main points of operation D and did not commit an assault as described in the facts charged against D in order for D to calculate his own drinking value and to escape himself.

또한 피고인이 위 주점에서 나왔는데도 D가 주차장까지 �아와 자신을 잡기에 이를 벗어나기 위하여 팔을 뿌리친 사실은 있으나 D에게 공소사실 기재와 같은 상해를 가한 사실도 없다.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

The lower court found the Defendant guilty of the instant facts charged by taking account of the evidence presented in its judgment.

The above judgment of the court below that found the defendant guilty is hard to accept for the following reasons.

The burden of proof for the facts charged in a criminal trial is the prosecutor.

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