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(영문) 울산지방법원 2016.04.21 2016노252

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the fact that the Defendant, while fully recognizing the fact that the Defendant inflicted an injury on C, constitutes a case where there is no proof of a crime regarding the injury to C among the facts charged.

B. The sentence of the lower court (the penalty amounting to KRW 500,000) is too unhued and unreasonable.

2. Determination

A. According to the results of reproduction and viewing of video recording products, the lower court determined that this part of the facts charged constituted a case where there is no proof of a crime on the ground that the Defendant and D testified was proved in the lower court’s testimony that there was no assault by the Defendant under the lower court court court’s court, on the following grounds: (a) the Defendant and D had a defect in the body of the Defendant and D used to display the Defendant’s neck by selling back the Defendant’s body immediately behind the Defendant’s body; (b) the Defendant did not at all commit an attack against C, such as flapsing or selling the chest part of the chest; (c) the body of the Defendant and D was terminated; and (d) C also testified that the Defendant

The following circumstances, which could be known by the evidence duly adopted and examined by the lower court in the above facts of recognition, i.e., D, that the Defendant was engaged in catherb at an investigative agency:

In the court of the court below after making a statement, it is not a memory that the defendant gets c's breath.

(2) The court below clearly stated that there was no fact that the defendant intentionally assaults himself or herself was when her chest, and that there was a physical contact between D and C in the process of physical fighting between D and the defendant.

In light of C’s above statement, it is difficult to readily conclude that Defendant’s act was committed with the intent to inflict an injury on Defendant’s act, and ③ In light of C’s above statement, the Defendant inflicted an injury on Defendant C at the point of time outside the black Kamerra.

It is also difficult to conclude.