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(영문) 서울동부지방법원 2019.11.29 2019노943
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal was that the defendant did not assault the victim with the intention of assault, and it was not foreseeable that the victim would be injured.

In addition, considering the fact that the victim returned home without being hospitalized on the day of the instant case, and received hospitalized treatment at another hospital for more than five days, and that the NRS pains measured at the time of returning home at the F Hospital on the day of the instant case was zero points, the victim cannot be deemed to have suffered injury, such as a scarke pressure that requires 12 weeks of treatment due to the Defendant’s act, as indicated in the facts charged, due to the victim’s act.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged by misunderstanding such facts.

2. Determination

(a) There was no intention to commit assault;

In regard to the assertion that it was impossible to predict that the injury was caused to the victim or that the injury was caused to the victim, the assault in the crime of causing violence means the assault in consultation, and the force is exercised on the body of the person.

Although the defendant asserts that the defendant was in contact with the victim to pass by the passage, considering the evidence duly adopted and investigated by the court below (includingCCTV image), the court below acknowledged the following facts: (i) the defendant opened a door to prevent the passage and reported that the victim was using it, and (ii) the defendant returned to another side; (iii) the defendant brought the victim back to the right by hand; (iv) the victim was faced with the secret back to the right; and (v) the victim was faced with the secret back to the right; and (v) the victim was faced with the secret.

Even according to CCTV images, the Defendant was aware of the fact that he uses a tangible force that is fast back to the victim, and the Defendant himself was also sealed by the investigative agency as a wall to keep the victim, “I am am s s s s s s s s s s s s s s s s s s s s s s s

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