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(영문) 창원지방법원 2016.04.21 2015노2640
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged without assaulting the victim and instead, committed an assault against the victim, thereby adversely affecting the conclusion of the judgment.

B. Legal principles are that the defendant abused the victim.

Even if the court below found the defendant guilty of the facts charged on the ground that the defendant was not in need of treatment, it erred by misapprehending the legal principles, which affected the conclusion of the judgment.

(c)

The punishment (one million won in penalty) imposed by the court below against the defendant is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, in full view of the following circumstances revealed by the court below and the evidence duly admitted and investigated by the court below, the defendant inflicted an injury upon the victim by assaulting the victim.

The judgment of the court below is just, and there is no error of mistake of facts as alleged by the defendant or his defense counsel.

1) The victim, from the investigative agency to the court of the court below, was assaulted by the defendant by breaking booms of the victim's chest with breath by breath, pushing the victim's chest by hand, booming the victim's breath. During this process, he suffered breath and breath in the surrounding wall, which requires two-day medical treatment.

There is consistency in the main part of the statement.

2) From the investigative agency to the trial of the party, F: (i) the Defendant’s work to operate the short-term system at the time of the instant case was suspended; (ii) the Defendant’s position was examined to check the status of the Defendant’s work to be packaged at the next stage; and (iii) the Defendant was sealed in the factory by hand and boomed with the victim; and (iv) the Defendant was able to blickly turn down with one another immediately thereafter.

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