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(영문) 창원지방법원 2014.07.10 2014노605
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant inflicted an injury on the victim, the judgment of the court below which judged that the defendant inflicted an injury on the victim was erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. 1) On December 1, 2012, the Defendant of the instant facts charged, at around 22:00, stated a letter to the victim D (the age of 54) who was in a de facto marital relationship with the Defendant at Changwon-si, Co. 213 Dong 107, stating that “the Defendant shall pay 100 million won in cash,” but the victim refused the statement, stating that “the Defendant “the Defendant shall open the door, be off the clothes, and down the clothes.” The Defendant was able to have the victim meet the victim’s face and chest, etc. by hand. Accordingly, the lower court found the Defendant guilty of the instant facts charged.

3) The following circumstances revealed by the evidence duly admitted and investigated by the court below, namely, ① the victim made a concrete and consistent statement from the investigative agency to the court below’s court; ② the defendant also appears to have exercised the mutual tangible power between the defendant and the victim on the day of the instant case, such as stating that the victim’s arms were written at least once during the process of dispute with the victim (in the process of dispute with the investigative agency, 63 pages); ③ the victim’s body photograph on the upper part of the victim, and the victim received medical treatment at the hospital following the day of the instant case, it is reasonable to deem that the injury suffered by the victim was caused by the dispute (the defendant asserted that the victim was the victim, but there is no material supporting this.

(4)

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