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(영문) 부산지방법원 2020.11.26 2020노1775

상해

Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant unilaterally committed an assault against the victim and did not commit an assault against the victim.

Even if it is not so, the judgment dismissing public prosecution should be sentenced because the victim already expressed his intention not to punish.

Nevertheless, the lower court found the Defendant guilty of assault among the facts charged on different premise. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. A prosecutor 1) In light of the specific and consistent statement of the victim of mistake of facts, and the written diagnosis of injury, etc., the defendant is recognized to have inflicted an injury by assaulting the victim as stated in the facts charged. Nevertheless, the court below acquitted the victim of the injury among the facts charged on a different premise. The court below erred in the misapprehension of legal principles and affected the conclusion of the judgment. 2) As to the use of assault by misunderstanding of legal principles, the court below should have deliberated on whether the victim already expressed

Nevertheless, the lower court found the Defendant guilty of assault among the facts charged on different premise. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3) The sentence of the lower court on the sentence of unreasonable sentencing (the fine of KRW 300,00,000 is too unhued and unreasonable).

2. Determination

A. 1) The summary of this part of the facts charged is the person who was in the past relationship with the victim B. The Defendant, from March 9, 2019 to around 00:18 of the following day, was the victim B and the person who was in the past relationship. The Defendant, from around March 23:0, 2019 to around 0:18 of the following day, was the victim, who was in the hands-on face on the hand floor of the victim, caused the injury requiring medical treatment for 14 days, such as the growth, timber, and tension of the dys of the dys of the dys of the dys of the victim, on the ground that the dys of the dys of the dys of the dys of the victim.