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(영문) 부산지방법원 2015.05.28 2014노4201
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts at the time of the instant case, the Defendant was only the victim to prevent the victim from suffering from suffering an elevator, and did not intentionally inflicted an injury on the victim, but the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment. Even if the Defendant did not do so, the lower court’s sentencing (one month of imprisonment, four months of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The lower court’s sentencing against the Defendant by the Prosecutor is too unfortunate and unreasonable.

2. The following circumstances that can be acknowledged by the judgment of the court below and the judgment of the court below as to the defendant's assertion of mistake of facts, namely, ① the video recorded in the elevator CCTV (hereinafter "the video of this case") were found to have already known that the victim was trying to board the elevator from before he was boarding the elevator to the elevator, and the defendant was trying to board the elevator from the elevator to the point of view that the victim was about to board the elevator. ② As the general public, the "heat" pressing was divided into the "heat," so that the victim was able to board the elevator, so that the victim could board the elevator at least, or the victim was able to board the elevator, and the defendant did not leave the elevator before the entrance of the elevator so that the victim could board the elevator, making it difficult for the victim board the elevator, making it difficult for the victim board the elevator, making the victim board the elevator again difficult for the victim to board the elevator, and making the victim board the elevator more than the victim start by the act of causing the victim to board the elevator.

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