(영문) 서울남부지방법원 2018.08.17 2017노169

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(영문) 서울남부지방법원 2018.08.17 2017노169

폭행치상

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is true that the defendant takes the victim's face at one time, but this does not lead to an injury requiring six weeks of medical treatment (hereinafter "the injury of this case") as the victim goes beyond the victim.

After the completion of the above assault act, the victim got up to the defendant, E, who is a volunteer of the defendant, and the victim took off the clothes of the defendant, and three persons got out of singing to the singing door, which led to the occurrence of the injury of this case.

Therefore, there is no causal relationship between assault and the injury of this case.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On March 25, 2016, the Defendant: (a) around 22:35, the charge of the instant case was committed by the victim F. (38 years old) who was a singing customer, singinginging customer while working in a singing room located in Gangseo-gu Seoul Metropolitan Government, with the victim’s face at one time without any justifiable reason; (b) resulting in the victim’s injury, such as double-duping.

B. The lower court found the Defendant guilty of the instant facts charged, rejecting the Defendant’s assertion as follows.

Although the victim tried to attract the defendant, the victim did not go to the victim's face because he did not go beyond the victim, and the victim did not go to the victim, and the victim was able to take the defendant, and the victim was sleeped with the defendant, the victim and the victim.

It can be said that there was a bruption by E, but the victim did not have any injury due to the Defendant’s assault.

The crime is denied by asserting it.

However, the statement in the investigative agency of the victim F and the court of the court below (G is not drinking when there is the defendant and the victim in the investigative agency, and the victim is the victim.

유사 판례

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