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(영문) 창원지방법원 2014.04.24 2013노2355
폭행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not assault the victim, the court below erred by misunderstanding the fact and adversely affecting the conclusion of the judgment, since the court below judged that the defendant suffered an injury by assaulting the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. 1) The summary of the facts charged is that the Defendant is the captain and the captain of the Coastal Intermodal Fishing Vessel F (4.98 tons) in South Sea Line F (4.98 tons) and the victim A is the captain of the South Sea Coastal Multimodal Fishing Vessel E (4.99 tons). On February 23, 2013, the Defendant found the Defendant to talk about the dispute that was low in the E-line room located in G HW Hagu, G on February 19, 2013, and came to a dispute with the victim. The Defendant committed assault by the victim, including the victim’s timber, thereby causing the victim’s injury to the front part in need of approximately two weeks medical treatment. 2) The lower court found the Defendant guilty of the facts charged in this case.

3) The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, i.e., ① even based on the photograph taken by the police station immediately after the instant case, it is evident that the victim part of the police station was in salvable (27 pages of investigation records), ② the Defendant’s wife who was the only witness at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time, “a fighting was made” (24,25 pages of investigation records, and the Defendant’s wife did not make an unfavorable statement to the Defendant), appears to have been fighting on an equal footing, and it is difficult to view that the Defendant unilaterally suffered an assault from the victim at the same time by the victim at the time at the time at the time, and ③ the Defendant also stated that the victim’s body remains remaining.

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