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(영문) 서울동부지방법원 2017.10.20 2017노1019

상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not assault the victim as stated in the facts charged, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the assault among the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment.

2) In light of the various sentencing conditions in the instant case where sentencing is unfair, the sentence of a fine of KRW 300,000,000, imposed by the lower court against the Defendant is too uneasible

B. Prosecutor 1) The instant facts charged can be found guilty, based on the misunderstanding of facts and legal principles, the instant evidence, in particular the statements of victims D and witness E, the diagnosis of injury and the specifications of pharmacy transactions, and the damaged photographs, etc., but the lower court proven that the instant facts charged were proven to the extent that the said evidence alone does not bring a reasonable doubt.

For the reasons that it is difficult to see that there was an error of misunderstanding facts to find innocence.

2) In light of the various sentencing conditions of this case’s sentencing unfair, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, in particular, the victim D, witness E's statements, and damaged photographs, etc., a thorough examination may be conducted. Thus, the court below's decision is just, and the defendant's assertion of mistake of facts is without merit.

B. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below as to the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles, the measures that judged not guilty of injury based on the determination of evidence in the judgment of the court below are justified, and the new evidence corresponding to the facts charged in this case has not been submitted in the court below. Thus, as pointed out by the prosecutor, the judgment of the court below is erroneous or erroneous.