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(영문) 광주지방법원 2017.10.11 2016노2477

상해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not inflict an injury on the victim, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. On September 21, 2015, the Defendant, at around 13:40 on September 21, 2015, expressed to the victim E (37 years of age) who is a regular manager of the company about the taxi commission, etc., but expressed to the victim E (37 years of age) the Defendant expressed the victim’s desire to “the fright, fright, frighten, fright, fright, fright,” and boomed the victim’s frighten, boomed the victim’s breath and frighted the victim’s fright, and boomed the victim over the bottom, thereby making the victim booming the breath’s breath, which requires approximately 2-day medical treatment.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.

(c)

In light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the original judgment and the court below, the victim and F’s statements are difficult to believe, and other evidence submitted by the prosecutor alone that the Defendant inflicted an injury on the victim.

It is insufficient to view it, and there is no other evidence to prove it.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment, and the defendant's assertion pointing this out is with merit.

① The core evidence supporting the facts charged in the instant case is the victim and F’s statements, and the Defendant, from the investigative agency to the trial court, consistently denied the facts charged that there was no injury to the victim.

(2) The defendant and the victim in an investigative agency shall sit at a shock in the form of "A".