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(영문) 부산지방법원 2017.08.31 2017노1167

상해등

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, despite the fact that the Defendant did not take a bath or assault against the victim D, was erroneous by misapprehending the facts that affected the conclusion of the judgment.

B. According to the evidence of the prosecutor (the part not guilty in the reasoning of the judgment below), the court below, which did not recognize the injury among the facts charged of this case, was erroneous by misapprehending the legal principles or adversely affecting the conclusion of the judgment, although D was found to have suffered injury as stated in the facts charged by assault by the defendant.

2. We also examine the Defendant’s assertion of mistake of facts and the Prosecutor’s misunderstanding of facts and misapprehension of legal principles.

A. (1) The summary of the facts charged in the instant case (i) around November 14, 2015, around 12:46, 2015, the Defendant was the Defendant, including the Defendant, who was frequently in a dry field managed by the Defendant, and the Defendant’s daily activities, including the Defendant, were crypted with crypted with cryp in the front place of the instant cryp. D’s cryp.

피고 인은 위 E에 찾아온 신도 F 등 3명이 있는 가운데 D에게 " 대가리를 쪼갠다, 야 이 중 놈 아 인간답게 살아 라, 씨 발 새끼 자꾸 씨부리면 대가리 쫓아 불라, 시 발 새끼 말이 많네,

D. “Publicly insulting D” by referring to the “public bath.”

B. The Defendant, at the above time and place, d. D with the back, d. The Defendant spited D’s body into the body of the Defendant, and d. The Defendant spited D’s face, e.g., the body of the Defendant back and spitd D with the body of the Defendant, thereby damaging D’s body into the body of the body of the Defendant, thereby causing approximately three weeks of treatment.

B. In full view of the evidence, the lower court’s determination is difficult to recognize the part of the instant facts charged.

On the other hand, only the crime of assault and insult, which is the reduced fact, was found guilty (the part of injury).