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(영문) 서울동부지방법원 2014.10.24 2014노834
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. In light of the following: (a) there is a high possibility that a person seated in the summary of the grounds for appeal may sit together; (b) if so, it may be sufficiently anticipated that the person him/her can move together; and (c) the Defendant was aware of the victim as at the time of appraisal; (d) it may be deemed that the Defendant anticipated that the victim would come up with the victim; and (e) the establishment of the crime of bodily injury does not require sufficient awareness of assault; and (e) it does not require sufficient intent to inflict bodily injury; and (e) the Defendant may sufficiently recognize the fact that he/she has inflicted bodily injury with the intention to inflict bodily injury; (b) however, the lower court erred by misapprehending the fact and thereby acquitted the Defendant.

2. Prior to the judgment of the prosecutor on the grounds of appeal, the prosecutor examined the case ex officio, and the applicable provisions of the law to "injury caused by violence" in the trial room, "Articles 262, 260 (1), and 257 (1) of the Criminal Act," and "the defendant" in the facts charged as follows: "A around 03:0 on August 23, 2012, the victim E (53 years old), who was known to the defendant in Gangdong-gu Seoul, and F, was in drinking with the victim E (53 years old), and F, on the ground that the victim was present in the conversation between the defendant and F, and the victim was able to know the number of days of treatment, and thereby the victim was damaged with the victim's shouldered together with the victim, thereby making it difficult for the court to permit the modification of the indictment to the effect that the change was no longer possible."

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is made after oral pleadings, as there are grounds for reversal of facts in the judgment of the court below.

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