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(영문) 서울중앙지방법원 2018.08.24 2018노1026

상해

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

On December 2, 2016, the Defendant: (a) around 16:35, 2016, on the ground that the victim E (48 years old) took a bath at the D History or the entrance parking lot located in the Dongjak-gu Seoul Metropolitan Government Da Underground 2, Dongjak-gu, for the following reasons: (b) the Defendant placed the victim’s left face one time; (c) placed the victim a drinking to the victim; (d) continuously fluor by continuously fluoring the victim’s left hand into the cane warehouse; and (e) put the victim’s knee into the cane warehouse; and (e) put the victim’s kne to the victim for approximately two weeks of treatment.

The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of one million won.

The Defendant, as stated in the facts charged, did not have any act of assaulting E, and in particular, there was no fact that he calculated the uniforms of E and gave approximately two weeks of treatment to E.

The sentence of the court below which is unfair in sentencing is too unreasonable.

The Defendant’s statement on the assertion of mistake in fact consistently stated that there was no assaulting E from the investigative agency to the court below’s decision and the trial court’s decision, and in particular, in relation to the process of entering a dry warehouse within the sabba, E took the Defendant’s left hand and led the Defendant’s flab with his flacing hand.

The testimony was made (34,68 pages of the evidence record) [On the other hand, the facts charged of this case "the defendant laid the left hand hand of E and sealed it into a dry warehouse."

The statement of the victim and the statement of the Amendments to Bill of Indictment E at the original trial stated the following as to the developments of the instant case in the first complaint (16 pages of the evidence record) filed by the defendant.

A defendant was at the time of her boom in a sloping or parking lot.

In order to prevent the defendant from entering the entrance by singly opening a threat, the defendant shall close the entrance.