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(영문) 서울서부지방법원 2017.06.29 2017노34
특수상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The victim's statement at the police station that corresponds to the facts charged as to the gist of the grounds for appeal is more reliable

Although it could be seen, the court below rejected the victim's legal statement on the ground of the victim's legal statement.

Even if there is a lack of proof about the fact that the defendant inflicted an injury on the victim by using beerped cups, the defendant used softs.

Since the fact that the victim made a statement and the victim suffered the injury is clear, the prosecutor demanded changes in the bill of indictment and the defendant should have been held responsible for the damage.

Although the court below found the defendant not guilty, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds of ex officio appeal, the part of the judgment below which stated that the prosecutor's name of the crime is "injury" from "special injury" to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 257 (1) of the Criminal Act" is "Article 257 (1) of the Criminal Act," and "in the case of "in the case of cryer World Cup, which is a dangerous article in the table and one time of the victim's left head" as "in the case of cryer and one time of the victim's left head, the prosecutor applied for changes in the bill of amendment to indictment" to "in the case of the victim's left head at the table and one time." Since this court permitted this, the judgment below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

Punishment of the crime

The Defendant, around 02:00 on April 24, 2016, is a fluorous fluor in Mapo-gu Seoul Metropolitan Government “D”, and is a fluoring fluor who was engaged in fluoring with the victim E (56 years of age) and his fluoring fluor.

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