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(영문) 제주지방법원 2016.10.20 2016노273

상해등

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victim.

Nevertheless, the court below found the defendant guilty of each of the charges of this case on the premise that the defendant assaulted the victim. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment

B. The lower court’s sentence of unreasonable sentencing (one million won) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court prior to the judgment on the grounds for appeal ex officio, i.e., the Defendant interfered with the electric power force of the victim by using the victim E, who is an employee of the Korea Electric Power Corporation (Korea Electric Power Corporation) one time at around 14:00 on June 18, 2015, and (2) there is no circumstance that the Defendant interfered with the electric power force of the victim by any means other than the above-mentioned method, and (3) the Defendant does not interfere with the victim’s electric power force operations, it constitutes a case where the single act of the Defendant who inflicted an injury upon the victim by assaulting

Therefore, the two crimes should be deemed to be in a mutually competitive relationship. However, since the court below punished two crimes as substantive concurrent crimes, the court below erred by misapprehending the legal principles on the crime of interference with business and the number of the crimes of bodily injury, which affected the conclusion of the judgment.

In this respect, the judgment of the court below can no longer be maintained.

However, despite the above reasons for reversal of facts, the defendant's assertion of mistake is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. In light of the spirit of the substantial direct and psychological principle adopted by the relevant Korean Criminal Procedure Act, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, or the results of the first instance court’s examination and evidence.

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