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(영문) 수원지방법원 2016.06.23 2015노7515

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant, who found the Defendant’s house, sent the victim D with the Defendant’s house, was only tightly pushed the D’s shoulder part once.

As a result, it is difficult for the police officer to suffer injury from D and dispatched to the site, no body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body body

Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.

B. In light of the fact that: (a) the offender committed the instant crime in a contingent manner in the course of finding the victim D’s house and bringing the victim into mind; and (b) the Defendant is aged and is making it difficult to live with low income; and (c) the sentence of the lower court that sentenced fine of KRW 1,00,000 is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the victim D: (i) “the Defendant has pushed the lower chest three times.”

Therefore, it is necessary to examine the wall beyond the system.

At that time, I did not complete the loss.

Victim E, who had observed the situation by entering the house of the defendant with the victim at the time of the instant case, stated that “The defendant was a witness of the her mother who was her mother and the her mother and the her arms toward the front line.”

싸움 후 제가 팔과 가슴을 보았는데 가슴 부분은 빨 갰고 왼쪽 팔은 빨갛고 동시에 멍도 들었으며 왼쪽 손에는 시퍼런 멍이 들어 있었습니다.

It has undergone a serious bath and has undergone several times, not only once.

“The statement was made in compliance with the above statement of the injured party,” and ② the file in which the situation at the time of the instant case was recorded is recorded.