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(영문) 서울중앙지방법원 2015.07.02 2013노104
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the point of injury to D, the Defendant at the time, because the vehicle for D driving had contacted the body of other participants at an assembly, it is a withdrawal of proper measures to get off from the vehicle, and there was no fact of causing injury to D as stated in this part of the facts charged. 2) In relation to the fact of assault against F, the Defendant at the time was assaulted by F and C (hereinafter “company”) by the employees of the security service company employed by F and C Co., Ltd. (hereinafter “A”), and there was no fact of assaulting F as stated in the facts charged.

3) With respect to the fact of injury to G and damage to property, at the time, the Defendant, alone, was surrounded by G’s subordinate staff, and the Defendant did not cause any injury as a result of the flapsing or the flapsing of G, and there was no injury as to the insult of G. 4) With respect to the insult of G, the Defendant, at the time, did not insult I as described in the facts charged.

5) Nevertheless, the lower court found the Defendant guilty on the ground that it erred by misapprehending the facts or by misapprehending the legal doctrine. B. The lower court’s sentence against the Defendant on unreasonable sentencing (a fine of KRW 4,000,000 is too unreasonable).

2. Determination

A. In full view of the evidence duly adopted and examined by the original court, such as the statement at the court of the original court and the investigative agency of the victims regarding the assertion of mistake of facts or misapprehension of legal principles, the judgment of the court below which found the guilty of each of the charges of this case is just, and there is no error of mistake of facts or misapprehension of legal principles as alleged by the defendant.

B. Each of the instant crimes committed by the Defendant against several victims regarding the assertion of unfair sentencing cannot be deemed to be less severe than that of the crime.

However, the defendant committed each of the crimes in this case.

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