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(영문) 서울중앙지방법원 2017.06.23 2016노5190
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is that the defendant was not guilty of smuggling or assaulting the victim, and that there was a minor contact with the interpreter;

Even if the injured party's wife is minor and does not constitute injury.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the fact that the Defendant committed an assault against the victim can be acknowledged.

Therefore, we cannot accept the argument that the defendant did not assault the victim.

(1) A victim G has committed an assault by a criminal defendant from an investigative agency to the court of original trial.

The statements are consistently made.

At that time,

H’s statement also conforms to the victim’s statement as a substitute.

② When the victim and H were dismissed from the company, they were reinstated as corrective order by the Ministry of Labor, and have caused considerable conflicts with other employees after reinstatement.

The site of this case is a space where several employees were in the office.

In the situation where there are several witnesses in the case site, it seems that it is not easy in light of the empirical rule to take care of the victim and H with respect to the defendant and leave the defendant.

③ According to the recording file at the time of the instant case, the victim talked that the victim would collapse “on the part of the Defendant” (one minute 28 seconds of the recording file), and the victim saw that the sound as seen above was immediately projected, and then 1 minute 29 seconds, the victim told that the Defendant “satis satis sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat s.

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