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(영문) 창원지방법원 2018.02.14 2017노2489
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, attached Form.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (guilty part of the judgment of the court below in the judgment of the court of first instance) and obstructing each business as a customer, the Defendant merely demanded a legitimate demand or set up a defense for the service as a customer, and there is no disturbance at the coffee shop and shop as shown in the attached Table Nos. 1 through 6, 15, 16, 18, and 19, and there is no disturbance at the same time as in the attached Table Nos. 1 through 6, 16, 18, and 19. It cannot be deemed that this constitutes “power” as a constituent element

Although the Defendant calls for the payment of expenses as a beauty room customer, there is an entry in the beauty room in order to pay the expenses, the Defendant continued to call to the victim J, such as the Nos. 7 and 8 of the crime list, and there is no disturbance in the beauty room while keeping the phone at the beauty room.

B) In the process of making with the victim G, the Defendant was only defending the said victim to escape from flapsing and assaulting, and there was no trace of the said victim’s flapsing.

In a case where daily life is not impeded to the extent of natural therapy, it cannot be seen as an injury.

2) Illegal sentencing (as to the judgment of the court below Nos. 1 and 2)

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part of the judgment of the court below in the judgment of the court below), the court below acquitted the Defendant on the grounds that the Defendant had expressed a great voice on the part of interfering with the re-operation of the attached Table 9 No. 19, and did not have any disturbance. However, according to the evidence, it can be acknowledged that the Defendant had exercised physical power, such as flaging the erogate of G working in the place of occupation, and thus, the Defendant interfered

full recognition may be accepted.

The court below held that this part of the charges is established only on the documents with the professional statement or professional statement as to the interference with each business during the period of Nos. 10 through 14, and No. 17 of the annexed crime list, with the exception of the evidence not admissible.

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