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(영문) 수원지방법원 2015.08.17 2015노271

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The defendant did not look at the victim's head in a boom, and only once he saw as a dangerous object.

Nevertheless, the judgment of the court below which recognized that the defendant had inflicted injury upon the victim's head due to dangerous goods is erroneous in misunderstanding of facts.

The lower court acknowledged the following circumstances based on the evidence, and, in light of the above, acknowledged that the Defendant inflicted an injury upon the victim’s head due to misunderstanding of pilings as charged.

There is a heat that needs to be 3 cms in which it is difficult to store plastic stuffs to the two sides of the victim's clean gate.

Does, which seem to have been broken down and jackings, immediately after the crime was committed, are attached to the jackings, such as chairs corresponding to the height from head to head when a person sits.

The physician in charge of the hospital emergency room who treated the victim on the day of the crime provided the victim with a video diagnosis on the left side of the back side of the crime and the disinfection of the body. immediately after the crime, the victim's breadth and length in the body of the emergency room appears to be very red.

A police officer G, who was called to the scene of a crime, clearly states in this court that “the victim was teared, saw that the victim was shocked, and saw that he was shocked, and that he was shocked,” and that “I want to take a photograph because he was not a video company.”

The victim stated in the statement prepared on the day of the commission of the crime that "it was caused by putting the head in a bottle", and that "the police investigation was carried out by putting the head on one occasion by putting the head on the spawn and putting the head on the spawn."