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(영문) 서울서부지방법원 2015.03.19 2014노1329

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the defendant did not assault the victim D, and despite the absence of credibility of the statement of D and friendly arrest F, the judgment of the court below which found the defendant guilty of the facts charged is erroneous in misunderstanding of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. Comprehensively taking into account the following circumstances acknowledged by the victim and the F’s statement at each court below and investigation agency, the injury diagnosis statement, and the victim’s clothes and photographs, etc. suffered at the time of the case, the defendant may recognize the facts that the defendant abused the victim as stated in the judgment of the court below.

1) F was a person who had observed both the front and rear process of the instant taxi while getting on and off together with the victim, and both the victim and F were consistent, specific, consistent, and credibility with all the statements concerning the background and content of the assault inflicted by the Defendant. 2) It is stated that the victim was inflicted on the slovas book, which was issued by the victim, that the victim was injured by the victim.

3 The victim submitted a photograph of a part of the coart which he suffered on the day of the instant case, and in the absence of an act of dumping or removing flaps, it is difficult to reasonably explain the reasons that fall short of the additional requirements.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s determination on the assertion of unfair sentencing was an old victim’s desire to hear and admonish his/her pule card on the ground that he/she did not promptly find it, and there are circumstances to consider the circumstances leading to the instant crime, such as leading to the instant crime, etc., and the Defendant committed an act of taking the victim’s flab and making the victim go beyond the future, but the Defendant was much minor compared to the victim’s assault.