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(영문) 부산지방법원 2013.11.21 2013노2950
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the defendant did not suffer losses from the victim's fingers or roots, and the victim suffered losses due to his/her own mistake in the head debt of the defendant, but the court below which recognized the defendant's crime of injury, has erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on November 1, 2012, the defendant alleged that he was subject to defamation since he was the victim around 07:00 on November 1, 2012. In the process of doing so, the defendant was plaled and plaled by the victim by cutting down the victim's left hand, the victim " must do so," and the victim was unwritten off the defendant's head debt, and the victim was able to take off the defendant's head debt. The victim was able to receive medical treatment at E Hospital on November 2, 2012 and November 6, 2012, and the pain continued to do so, and the F Hospital on November 10, 2012, and the victim was found to have suffered injury from the victim on the part of the defendant's head, and thus, the court below's allegation that the defendant suffered injury from each part of the above diagnosis balance cannot be accepted as a whole.

B. Although the defendant asserts that the judgment on the argument of unfair sentencing is the initial crime and difficult economic conditions, the court below has reduced the fine of one million won by 500,000 won in the summary order in consideration of the above favorable circumstances, the injury suffered by the victim is not easy, and the victim has not yet agreed with the victim, and the defendant was unilaterally assaulted by the victim from the victim to the trial without going against the crime and endeavoring to recover the damage.

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