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(영문) 대전지방법원 2016.09.08 2016노1039
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of facts Defendant flabed the victim’s breath, it did not injure the victim by unfolding the victim as a wall.

In addition, the defendant was found to have been able to resist the heating system, and there was no intention to interfere with the business of the defendant.

Therefore, the judgment of the court below that recognized the defendant's crime of injury and crime of interference with business is erroneous.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, i.e., the following facts and circumstances: ① the victim's fat fat (CCTV) video (Evidence No. 20) recorded at the time of the instant case appears to be facing the victim's wall by making the victim's bat fat fat fat, and pushing the victim's bat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat on the date of the instant case.

Therefore, the defendant's above assertion is without merit.

B. The lower court’s judgment on the assertion of unfair sentencing is based on the Defendant’s sentencing, as stated in detail on the grounds of the sentencing.

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