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(영문) 수원지방법원 2018.10.04 2018노1617
상해
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misconceptions of the facts, although the defendant abused the victim, the victim only visited the hospital once to receive a written diagnosis of injury, did not receive treatment or take medicines by prescribing them, and there were no particular symptoms of symptoms for physical or mental disorder. Thus, even if the victim did not receive treatment, the "on the left-hand vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis

Therefore, the defendant can only be recognized as a crime of assault, and the victim expressed his intention to punish the defendant in the original trial, and the charge of assault against the defendant should be dismissed.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 500,00) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. First, according to the evidence duly adopted and examined by the lower court and the first instance court, the Defendant’s assaulted the victim as stated in the instant facts charged is recognized.

B. B. The court below found the Defendant guilty of the injury by taking account of the evidence as stated in the judgment below.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, i.e., (i) the victim visited the hospital on the next day of the instant case to the effect that: (a) the victim was unable to find any particular credit according to the photograph taken by the victim immediately after the instant case; and (b) the victim was given a statement to the police officer dispatched by the victim upon receiving the 112 report to the effect that he was the head from the Defendant, and the victim was satisd by the Defendant’s assault, or the victim was satisd by a shoulder.

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