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(영문) 부산지방법원 2016.09.22 2015노4095
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,500,000.

Defendant .

Reasons

According to the evidence submitted by the prosecutor as to the summary of the grounds for appeal, although it can be sufficiently recognized that Defendant A had inflicted bodily injury upon the victim J when her blick, the court below found Defendant A not guilty of this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion

The sentence sentenced by the lower court to the Defendants (a fine of two million won) is too unhued and unfair.

Defendant

A Fact-misunderstanding that Defendant A was guilty of this part of the facts charged despite the fact that the victim I first prevented the victim I from being pushed ahead of the co-defendant B, and he did not have inflicted an injury on the victim I, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below to Defendant A (2 million won in penalty) is too unreasonable.

Defendant

The court below found Defendant B guilty of the facts charged in this case, although Defendant B had not inflicted an injury upon the victim I by taking the victim I, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

The punishment sentenced by the court below to Defendant B (2 million won in penalty) is too unreasonable.

Judgment

On April 9, 2015, at around 04:45, Defendant A, the summary of this part of the facts charged, Defendant A, on the road near the main point of “H” located in the Busan Dongdong-gu G, Busan, the victim J(24 years old) of I’s female-friendly job offers, in his/her hands, caused damage to the victim’s reputation requiring approximately two weeks of treatment.

The judgment of the court below is examined as to whether Defendant A used violence that is three times with the J.

In line with this, the J has made a statement, and the J, after the occurrence of the case, is one of the most active behaviors of Defendant A at the police patrol group.

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