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(영문) 서울서부지방법원 2014.05.15 2013노1405

존속상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged is erroneous in misconception of facts, although the defendant did not inflict an injury on the victims, such as the original trial.

B. The lower court’s sentence of unreasonable sentencing (two million won by fine) is unlimited and unfair.

2. Determination

A. The circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, such as the Defendant’s partial statement in the trial of the lower court and the lower court, the victim D, and E’s respective legal statement in the lower court, G’s partial statement in the lower court, each injury diagnosis statement, injury and destruction photograph, etc., namely, ① the Defendant was at the time under the influence of alcohol and at the time engaging in a dispute with the victim D, who was booming with the victim and damaged the tools, and ② the Defendant was arrested as a flagrant offender by the police officers dispatched to the victims on the day of the instant case. At the time of the on-site dispatch report, the Defendant was arrested as a flagrant offender, and the toilet door was destroyed, and the victim’s oral statement was insufficient for the victim to have been rejected with the victim’s statement that “at the time of the instant case, it is difficult for the victim to see that the victim’s oral statement and the victim’s oral statement were consistent with each of the instant facts.”