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(영문) 창원지방법원 2013.05.31 2013노369

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. As to the violation of the Labor Standards Act among the facts charged in the instant case, the lower court sentenced the dismissal of public prosecution, and convicted the Defendant of assault and bodily injury, and the part of dismissal of public prosecution which was not appealed by the prosecutor as to the conviction was finalized upon the expiration of the period of appeal, and thus, the lower court’s judgment should be tried only for the convicted portion of the

2. Although the summary of the grounds for appeal did not have used violence or bodily injury to the victims, the court below convicted the victims of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

3. The facts charged and the judgment of the court below

A. The Defendant, at around 01:00 on May 4, 2012, 201, committed assault against the victim E by considering the victim’s chest, who was an employee of the said main shop, as the result of misunderstanding that the said employee stolen his inner wall, and then stolen the inner wall of the said main shop. This part of the charges stated that “When the victim F, who is an employee of the said main shop, commits assaulting the victim E by taking time when the victim’s breast at once, who is an employee of the said main shop, “When the victim, who is an employee of the said main shop, does not have to take a day-to day-day therapy,” and that the victim F, who is an employee of the said main shop, takes care of the victim’s chest by taking advantage of the victim’s chest, such as this sweak and sweak, and the victim’s chest, who is an employee of the said main shop, provides the victim F with the victim’s chest’s chest treatment by taking the victim’s chest treatment of 2.”

B. The court of the original judgment found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence stated in the judgment below.

4. Judgment of the court of the trial

A. The following circumstances duly admitted by the court below, i.e., victims, consistent with the investigation agency and the court of the court below.

참조조문