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(영문) 부산지방법원 2014.03.21 2013노4074
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not assault the victim, or did not have an intention to commit an assault, and it was not possible to expect that the victim's injury was inflicted on the left-hand side of the 40th and the 5th executive members, so the court below found the Defendant guilty of the facts charged in this case, and there was an

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 2,000,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court of first instance on March 1, 2013, the defendant and the victim suffered physical fightings due to vehicle shift problems around 06:20 on March 1, 2013. The victim consistently stated that the defendant was injured by the victim's left hand at the time of the instant case since the investigative agency up to the court below's trial. The victim's wife K stated that the defendant left the hospital after the defendant was informed of the victim's death, and that the victim went to the hospital. The victim was diagnosed by the 4 and the 5 senior executive members of the court of first instance at the hospital on the day of the instant case. According to the above facts of recognition, it is reasonable to view that the defendant suffered bodily injury on the left side of the victim by assaulting the victim as stated in the facts charged of this case, and the defendant's allegation in this part of this case is not reasonable in light of the method and degree of assault in this case.

B. In full view of all matters pertaining to the judgment on the assertion of unfair sentencing, the background of the instant case, the relationship between the Defendant and the victim, the degree of injury inflicted on the victim, the age and occupation of the Defendant and all other matters pertaining to the sentencing indicated in the records and arguments of the instant case, the judgment of the court below is reasonable, and thus, the Defendant’

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