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(영문) 창원지방법원 2015.04.01 2014노2750
상해등
Text

1. Of the judgment of the court of first instance, the conviction and the judgment of the court of first instance shall be reversed in entirety.

2. The defendant is punished by a fine of 3,00.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to the part of the judgment of the court of first instance, and the part of the judgment of the court of first instance, and the part of the judgment of the court of first instance, the Defendant committed a thief (as to the crime of violence among the judgment of the court of first instance, the dismissal of prosecution was pronounced, and only the Defendant appealed with respect to the guilty part, and thus, the part of the offense dismissed was separate and finalized; hereinafter referred to as “the part of the judgment of the court of first instance”) in the judgment of the court of first instance, the thief committed the

B. Each judgment of the court below on unfair sentencing (the first judgment of the court below: the fine of KRW 2 million; the fine of KRW 300,000; the fine of KRW 300,000; the fine of KRW 700,000; and the fine of KRW 4: the fine of KRW 1 million) is too unreasonable.

2. The judgment of the court below in the first, second, third, and fourth trials on the defendant's ex officio judgment was rendered, and the defendant filed an appeal respectively, and the court decided to jointly examine the above appeal case.

Since the crimes of the first, second, third, and fourth judgment against the defendant should be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, the judgment of the court below in the first, second, third, and fourth cannot be maintained as they are.

Although there is a ground for ex officio reversal, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

3. Comprehensively taking account of the evidence duly adopted and examined by each court below in regard to the assertion of mistake of facts, the defendant, as stated in the judgment of the court below, committed each injury to the victim E and F on February 21, 2014, and the victim E and F on February 18, 2014; ② on February 18, 2014, 30 parts of the construction materials owned by the victim J and two props were stolen; ③ on January 23, 2014, it can be sufficiently recognized that assaulted by the victimO. Accordingly, the defendant’s allegation of mistake of facts is without merit.

4. Conclusion.

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