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(영문) 부산지방법원 2020.06.12 2019노3770
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the victim not guilty of this part of the facts charged by misunderstanding of facts, although it could sufficiently recognize that the victim's bodily injury (such as fingers, injury, etc.) constitutes the injury of the crime of injury according to a mistake of facts (not guilty part) and photographs of the victim.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. On March 13, 2019, around 08:48, the Defendant: (a) around the fourth platform of the urban railroad station in Busan Central Station located in 83, the center of Busan Central District; (b) around the elevator in front of the elevator in which the victim B (year 42) was faced with his body, and (c) the victim was faced with the body in a household where the victim B (year 42) was faced with the body, and (d) against the Defendant’s head debt, the Defendant knifeed the Defendant’s head debt, knife the Defendant’s head debt, knife the Defendant’s hand, and

In the end, the Defendant inflicted injury on the victim, such as the failure of treatment days, the injury caused by the injury of the victim.

B. The evidence submitted by the prosecutor of the judgment of the court below alone is insufficient to recognize that the defendant's crime causes bodily integrity or harm to physiological function, and there is no other evidence to acknowledge it. Thus, among the facts charged of this case, the defendant found the victim guilty only as stated in the facts charged in the judgment of the court below, and found the remaining part of the facts charged of this case not guilty

(c)the injury of one injury in the judgment of the party is that it damages the completeness of the body of the victim or interferes with physiological functions;

In light of the fact that there is extremely minor circumstance accompanied by a assault, the wound or inconvenience that can normally occur in daily life even if there is no assault, and if there is no need for treatment, it is naturally cured and there is no hindrance in daily life without treating it, it cannot be said that the crime of injury is injured.

b) the Commission;

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