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(영문) 부산지방법원 2020.08.21 2020노1348
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

The charge of special injury among the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts and injury caused by misunderstanding of legal principles, Defendant 1 did not recognize the fact that there is the victim immediately adjacent to the plastic box in which there is an empty drinking disease in the course of a dispute with the victim M/M, and the Defendant 1 was flicked on the wind that the knife knife knife knife knife knife knife knife knife toward the outside from the inside of the plastic box, and the Defendant did not have an intention to cause special injury to the victim. 2) The sentence of unfair sentencing (one year of imprisonment, confiscation) by the lower court is too unreasonable.

B. The lower court’s sentence is too uneasible and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. A. Around 05:00 on September 21, 2018, the summary of the facts charged in the instant case, the Defendant, known to the Defendant and the Defendant, was drinking together with the Victim M(M, 39 years of age) at L stations located in Busan YK, which was operated by J, with the Defendant and the Defendant. On September 21, 2018, the Defendant: (a) entered the main room with a knife of the Victim at the end of the horse dispute; (b) when the J, she was flifed and flifed and flifed by the victim, she flifed and flifed his breast, etc., of the victim; (c) while the victim flifed and flifed by the knife, the Defendant flifed the victim’s knife and flifed the victim’s knife with the victim’s knife.

B. The lower court found the Defendant guilty of this part of the charges by comprehensively taking account of the evidence duly adopted and examined.

C. The judgment of the court below is duly adopted and examined as follows.

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