(영문) 대구지방법원 2016.09.23 2015노2706 | 리걸엔진

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(영문) 대구지방법원 2016.09.23 2015노2706

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case by misunderstanding the facts and affecting the conclusion of the judgment, although there was only a dispute between the victims and the victims, and there was no assault and injury as stated in the judgment of the court below.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, i.e., ① the statement of the victims who attended the original court as a witness and testified consistent with the facts charged of the instant case, ② the photographs of the victims and their written diagnosis of the victims taken at the police station immediately after the instant case occurred in support of the statements of the said victims, ③ the victims are sufficiently recognized as having inflicted injury on the victims, as shown in the facts charged of the instant case, and there is no reason to dismiss the victims. Accordingly, the lower court erred by misapprehending the facts as pointed out by the Defendant and adversely affecting the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

B. Although the instant crime of determining the illegality of sentencing was committed under the unfavorable circumstances, such as: (a) the Defendant, without any justifiable reason, unlawfully assaulted the victims of the elderly age without any reason; (b) the injury requiring approximately two weeks of treatment to the victims E; and (c) the injury requiring approximately three weeks of treatment to the victims E; and (d) the denial of the crime up to the trial; and (b) the denial of the mistake and the omission of the crime; (c) on the other hand, the Defendant agreed with the victims at the time of the trial; and (d) criminal punishment exceeding the fine.

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