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(영문) 서울서부지방법원 2017.06.08 2016노1780

상해

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant's misunderstanding of facts caused a result of the victim's injury by protruding the body of the victim I.

Even if the defendant did not have the intention to inflict injury on the victim.

There was an intention of doluoral injury.

In light of the facts charged, the court below erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance of the Prosecutor, the name of the instant crime was “the injury” from “the injury” to “the injury,” and the applicable legal provision applied to “Article 257(1) of the Criminal Act” to “Article 266(1) of the Criminal Act,” and the facts charged as follows: “The Defendant heard the end of the business from H, a business owner, while drinking alcohol within the main point of “G located in Mapo-gu Seoul, Seoul, around February 1, 2016,” and “G” to “the Defendant 28 days old.” As the Defendant heards the horses, the Defendant saw the horses to the end of the business from H, a business owner, while drinking alcohol, and caused the other alcohol disease to the other alcohol disease, thereby making the victim’s crypted to the left side of the victim I (Y, 66 years old) so that it is suitable for the victim’s cryp to the left side of the 28 days old.

In “The summary of the facts constituting the offense and evidence” as stated below, the court applied for changes in indictment with respect to each of the changes, and since this court permitted this, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the grounds for appeal by the defendant, on the grounds that the judgment of the court below is reversed ex officio.

[Re-written judgment] The summary of criminal facts and evidence recognized by this court is criminal facts, and the defendant is "G" located in Mapo-gu Seoul Metropolitan Government around February 1, 2016.