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(영문) 부산지방법원 2013.11.28 2013노2552
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted misunderstanding of facts only had the victim with soil and had a stone with a stone as stated in the facts charged. The lower court erred by misapprehending the fact that the Defendant had a stone with a stone and assaulted the victim, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence on the ground of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, such as the witness E’s statement in the court below, etc. on the ground of erroneous determination of facts, the Defendant had a dispute over the issue of passage with the victim from the first half of 2011. On May 30, 201, the Defendant was able to find out the victim who was sitting outside the house to interview the captain head of the Gun and sweet up the stones and soil in the dry field three times. At the time, the Defendant did not have a large size of the sweet with the sweet, but the date of mixing with the sweets of the sweet, and part of the sweets and the sweets of the sweet with the victim's sweet, and the Defendant's assertion that the Defendant was able to sweet the victim's body at the time and time and place of the swekes with the victim's body.

3. The defendant's primary offender and has been engaged in agriculture in the Eastern for a long time, and the defendant has lived faithfully, and the defendant is suffering from big mental stress due to a dispute between the victim's family members and the land passage issues that have been directors next to a few years.

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