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(영문) 부산지방법원 2016.12.23 2016노3290
상해등
Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts) Defendant A (hereinafter referred to as “Defendant A1”) committed a mistake of facts with the same country, but did not state the victims as stated in the facts charged by specifying them, but the lower court convicted Defendant. In so doing, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

Even if this does not constitute a insult against each individual by collective expression, the court below convicted the defendant. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

3) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (a fine of KRW 500,000,000) is too unreasonable.

B. Although Defendant B did not inflict any injury on Victim G, and did not assault Victim H, the lower court convicted the Defendant, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the court below's decision on the 1st argument of mistake regarding the defendant A's assertion, i.e., the victims entered the scene of this case to oppose the E Council Chairperson S without the consent of other directors, and the defendant was a situation that prevents the victims from actively expressing their opposition to the holding of the women's conference at the beginning of S, and ② the defendant argued that "the patriotic state is at the risk of the patriotic state, and the forces or soon as soon as possible may not go against the country, but the general public is not a democratic citizen, and the same country is not a democratic citizen, even if the defendant's own assertion is based on the defendant's own opinion."

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