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(영문) 창원지방법원 2016.11.16 2016노1431
특수상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

Reasons

1. Summary of grounds for appeal;

A. In regard to the mistake of facts ① injury and special injury, there was no fact that the Defendant assaulted D, F, or G, or collected any person from G, and ② In relation to the damage of property and obstruction of business, the Defendant was merely an attacked unilaterally from G from G, and was in the direction of without any person to oppose it, and did not damage or interfere with any object other than the intention.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below, the defendant can sufficiently recognize the fact that the victims assaulted the victims as stated in the facts charged of this case, injured the victims, damaged the victims' property, damaged the victims' property, and obstructed the victim's main business operations.

Therefore, the defendant's assertion of mistake is without merit.

① From the investigative agency to the court of the court below, the victims met the following reasons: “The Defendant was sweaked with D’s sweak, continued to sweaked with D’s sweak, and F was sweaked with D’s sweak with the Defendant’s sweak, and this was twice the Defendant’s sweak with the Defendant’s sweak.” Accordingly, D told F to the G working outside the public parking lot outside the main shop, and the Defendant again sweed off and pushed off D on the floor, and sweed off off and pushed off D’s sweaks, shoulders, and hand sweaked several times. After that, F and G were sweed with the Defendant’s face, the Defendant continued to face the left sweed with G’s hand.”

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