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(영문) 인천지방법원 2017.12.13 2017노3250

상해

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. While E, which is the victim of the instant case claiming a mistake of fact, was the victim of the instant case, he unilaterally inflicted an injury on the Defendant by strokeing the Defendant’s neck beyond the floor after drinking the Defendant at his hand, and did not inflict an injury on the Defendant as stated in the facts charged by assaulting E.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. On October 19, 2016, around 00:40 on October 19, 2016, the Defendant met the Victim E (61) in front of the D convenience stores located in Namdong-gu Incheon Metropolitan City, Nam-gu, Seoul, and the Victim “I will not see why?”

“Catching, as a result of the fating, the victim fatd the bat, who fatd the fat, and datd the bat, and fatd the fat, and fatd the fat to the left side in need of treatment for the number of days.”

B. The lower court determined as follows: evidence, witness F, and G as indicated in its reasoning of the lower judgment against the Defendant’s fating of one’s fat, and that the Defendant used the victim’s arms.

There is a consistent statement, and there is an injury diagnosis report to the victim also a defect on the left-hand side.

Based on the record, the charges of this case were convicted.

(c)

According to the records of the deliberation of the party, E is deemed to have been subject to criminal punishment by summary order (Seoul District Court Decision 2016 High Court Decision 29379) due to the fact that the defendant was injured by drinking at the time of the instant case, and scam scam and scam scam, and only when the criminal agreement in the instant case was displayed, the defendant was prosecuted, and ② the police investigation of the defendant and E was conducted by the defendant by the report of the defendant 112 on the date of the instant case. At the time, the defendant's item is the khto.