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(영문) 부산지방법원 2017.11.02 2017노1793
상해등
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 in the instant case, although the Defendant did not have injured the victim or expressed a desire to do so, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts, namely, (1) the victim stated in the investigative agency that "the defendant was elbane in the course of dispute with the defendant's reporting problem of the theft case," (2) the date when the written diagnosis of injury was prepared and the part above part of the case correspond to the above statement of the victim (the investigation record 16 pages), (3) the witness of the above case and reported 112 at the investigative agency that "I am bows the victim's chest with the victim's chest in the right part," and (4) The victim testified that "I am the victim's breast with the victim's chest in the elbane."

(5) At the time, the commercial expenses were stated.

G also argued that the investigation agency had expressed the defendant's desire to do so.

In full view of the following facts: (a) the security service log prepared by G (in the face of 35 pages of investigation records) also corresponds thereto, the Defendant may sufficiently recognize the fact of injury to the victim and insult as stated in the instant facts charged; and (b) the Defendant’s allegation in this part is without merit.

B. As to the unfair argument of sentencing, there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion.

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