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(영문) 부산지방법원 2014.08.29 2014노1595
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Since around July 30, 2013, around 03:20 on July 30, 2013, the Defendant obstructed business affairs, the lower court found the Defendant guilty of this part of the facts charged, the lower court erred by misapprehending the legal doctrine.

(2) The judgment of the court below which found the Defendant guilty of this part of the facts charged, is erroneous in the misapprehension of legal principles, since the Defendant suffered injury due to a fluence on ppuri New Daily, and the Defendant did not have any intention to inflict injury.

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the court below, the victim E has consistently made a statement to the effect that the victim E made a statement to the effect that “the defendant was able to confirm and change CCTV images, and returned to the main point of this case, while taking advantage of the main point of this case,” and the witness I and B did not have any reasonable circumstances to suspect the credibility of the statement, and the witness I and B’s statements are consistent with the above statements. Thus, the court below’s finding the defendant guilty of this part of the facts charged under the evidence of this case is acceptable, and the defendant’s assertion of this error is without merit.

(2) According to the evidence duly admitted and examined by the court below, the defendant could recognize the fact that the defendant was faced with the victim I and was injured by the victim I. According to the above facts of recognition, at least the defendant did not have any negligence of injury.

Therefore, this part of the defendant's assertion is without merit.

B. We examine the argument of unfair sentencing, the background leading up to the crime of this case, the progress of the crime, the degree of interference with and injury to the business of this case, and the defendant's restoration of damage or injury to the victim.

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