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(영문) 인천지방법원 2020.09.24 2020노421
상해
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant above.

Reasons

Summary of Grounds for Appeal

A. The defendant does not intentionally injure the victim's fingers by shouldering them.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. On January 3, 2019, the summary of the facts charged of the instant case: (a) around 12:30, the Defendant rejected the Defendant’s demand for the preparation of a written statement pertaining to a separate defamation at D’s restaurant located in Seocheon-si, Seocheon-si, for the Defendant to refuse to make a separate statement on the victim’s face; (b) spits the victim’s face; (c) spits the victim’s left side; (d) spits the victim’s left side; (e) spits the victim’s part of the victim’s face once with the left hand; and (e) spits the victim’s face one time, the victim took part of the part of the victim’s face and took part of the third part of the victim’s face for about

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial. The conviction of the defendant should be based on the evidence with probative value sufficient to have a judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). According to the evidence duly adopted and investigated by the court below, such as CCTV reproduction CD duly adopted and investigated by the court below, the victim spits the victim's face into the victim's face. After then the defendant and the victim have been pushed into the victim's face, and then the defendant and the victim have been pushed into the victim's face, and then the defendant and the victim have accessed their own face again and resolved again in the process of the victim's loss.

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