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(영문) 부산지방법원 2017.12.14 2017노1924
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, as stated in the facts charged in this case, did not assault the victim D or threaten the victim D with a knife, the lower court found the Defendant guilty, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (one year of suspended sentence in six months of imprisonment, violence therapy, domestic violence therapy, mental psychology therapy, 40 hours lecture, 80 hours of community service order) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court, the lower court’s determination of each injury was based on the evidence duly admitted and examined. ① The victim D was at the investigative agency and the lower court’s trial on September 22, 2016, where the Defendant 1 was at the seat of the entrance of the entrance, and the head and the shoulder part of the Defendant 2.

The consistently stated that “the Defendant was assaulted to E even the her mother,” and the victim E also stated in the investigative agency that “the Defendant was fluoring her mother toward the fluor, making his cellular phone fall, and assaulted by her mother’s head fluor.

Therefore, it is recognized that the defendant was placed on the bed of the defendant's hand, restrains the defendant's hand, and is placed on the bed, and that the defendant made several times to take head debt, face, side glass, back water, etc., ③ The victim taken by Handphones of each victim's handphone (the investigation record 80 pages) is partially confirmed, ④ the statement of the 112 Report Processing case (the investigation record 121 pages) also corresponds to the statement of the above victims by stating that all three persons were arrested as the defendant and the victims' assault, and considering these facts, this part of the defendant's assertion can be recognized as having inflicted an injury by assaulting the victim D and E, such as this part of the charges.

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