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(영문) 부산지방법원 2016.05.12 2015노4057
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (as to the conviction in the judgment of the court below), the court below finds it difficult to believe the victim's statement about other suspected charges of which the victim filed a complaint.

In the meantime, the Defendant was found guilty of assaulting two recommendations around November 14, 2010 and around June 14, 2012. However, this part of the victim’s statement did not have credibility, and the Defendant’s statement on this part did not purport to recognize the facts of assault.

Therefore, the court below erred by misunderstanding the facts charged and affecting the conclusion of the judgment.

2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.

B. In light of the following: (a) Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles (as to the acquittal portion in the judgment of the court below) among the facts charged in the instant case; (b) assault around August 15, 2010; (c) assault around June 16, 2013; (d) assault around June 20, 2013; and (e) the victim’s statement as to the background, degree and degree of assault; and (e) the contents of the written hospitalization confirmation, etc., the court below acquitted the Defendant of the facts that the Defendant inflicted assault or injured the victim as stated in this part of the facts charged, but it erred by misapprehending the legal principles.

B) According to the evidence submitted by the prosecutor regarding the violation of the Personal Information Protection Act among the facts charged in the instant case, the court below erred by misapprehending the legal principles and misapprehending the legal principles, although it can be acknowledged that the Defendant disclosed personal information acquired on duty as stated in this part of the facts charged by informing E.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

가. 검사의 사실 오인 내지 법리 오해 주장에 관한 판단 1) 상해의 점 원심은, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① E은 자신의 얼굴이 퉁퉁 부을...

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