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(영문) 부산지방법원 2014.03.14 2013노3877
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the injury among the facts charged against the defendant, on the ground that the defendant's act of breaking the victim H's h's h's h's h's h's h's h' is not caused by the victim's h's h's h

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 4,000,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court of first instance as to the assertion of mistake of facts, ① the defendant at the time of this case used the force on the part of the above victim’s timber, such as the victim’s h’s was pushed down with the victim’s h’s h’s h’s hand, and the h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h.

B. In full view of the judgment on the assertion of unfair sentencing, the Defendant’s primary offender, the degree of injury inflicted upon the victim H, and the Defendant’s agreement with the victims other than H, the Defendant’s age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the lower judgment’s punishment is deemed unreasonable and unreasonable. Thus, this part of the Defendant’s assertion is with merit.

3. According to the conclusion, the appeal by the defendant is reasonable, and it is in accordance with Article 364(6) of the Criminal Procedure Act.

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