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(영문) 청주지방법원 2017.07.14 2017노117
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged in the instant case, did not have the victim’s title.

Furthermore, even if the defendant gets a victim's timber, it is difficult to see that the climatic fin, etc., generated by the victim, constitutes an injury under the Criminal Act.

Nevertheless, the court below accepted the facts charged and sentenced the defendant guilty, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (1.5 million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case rejected Defendant’s assertion of not guilty as to the same purport as the grounds for appeal, and the summary of the facts charged in the instant case is as follows.

On December 03, 2015, the Defendant: (a) 02:30, on the part of the victim C (48 years old) was driving a cab, and was found to have been frighting to the Gu soil in the vicinity of the 52-ro, Cheongju-gu, Cheongju-si, the purpose of which was to drive the said cab. (b) The Defendant confirmed whether the injured was frighting to the Do soil in the 51-ro, Cheongju-gu, the 52-ro, the Dok-ro, the Dok-ro

It is whether this defendant will be changed to the victim ","

Magrmos marins

The term "the victim's bath, etc." and the victim's strokeed with his/her hand, and the victim suffered an injury, such as dump dump dump, which requires treatment for about 14 days.

B. (i) Evidence of criminal facts must be presented by the prosecutor in criminal proceedings, and criminal facts must be proved by the judge to have high probability beyond reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt between the defendant and the defendant (see Supreme Court Decision 2007Do163, Nov. 30, 2007, etc.).

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