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(영문) 광주지방법원 2013.12.18 2013노660
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal by the defense counsel (based on a factual error) ① The Defendant did not inflict any injury by assaulting the victim E; ② The Defendant transferred money to the Defendant by E is the principal repayment of the loan or the sale price of cosmetics, but the lower court erred by misapprehending the facts, thereby convicting the Defendant of all the charges of this case.

2. Determination:

A. According to the evidence duly admitted and investigated by the court below, the defendant could fully recognize the fact that the defendant inflicted an injury on the victim E, such as the fact of the injury, among the facts charged in this case. Thus, the court below's finding the defendant guilty of the injury among the facts charged in this case is just and there is no error of mistake

B. The following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court and the evidence duly adopted and investigated by the trial court (i.e.,, the records of payment for cosmetics sales proceeds and loans, etc.) (i.e., loans, etc. filed by the Defendant against E in a civil lawsuit (Seoul District Court 2012Gahap12315). Of each money of this case, KRW 2.5 million on November 16, 201 and KRW 2.5 million on December 16, 2011, there was no dispute between the loan and the loan in the name of repayment for principal, and (ii) whether the remaining money of this case was paid as payment for the loan, or as payment for the loan, under the order of appropriation for payment of principal and interest, are not clearly revealed in the above civil lawsuit (the records of payment for the remaining money of this case on the same date as the loan of this case are revealed).

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