(영문) 서울중앙지방법원 2016.05.19 2016노573

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(영문) 서울중앙지방법원 2016.05.19 2016노573

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant (1) was unaware of the fact (f) and the Defendant did not assault the F due to the clamping or committing a assault, the lower court erred by misapprehending the facts, thereby convicting the Defendant of this part of the facts charged.

(2) The punishment sentenced by the lower court (an amount of KRW 500,000) is too unreasonable.

B. According to the prosecutor (1) misunderstanding of facts (1) B (the use of violence against B) the police and some of the written statements submitted by F to the prosecution by the Prosecutor, even though the testimony of B and F used to use the shoulder of this case was sufficiently reliable, the lower court erred by misapprehending the facts and acquitted the Defendant of this part of the facts charged.

(2) The sentence sentenced by the lower court is too unfortunate and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the judgment on the Defendant’s assertion of misunderstanding the facts (F’s assault) is sufficiently found guilty of this part of the facts charged.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

B. The lower court found the Defendant not guilty of this part of the facts charged while clearly explaining the grounds for the determination on the prosecutor’s assertion of mistake of facts (a assault against B).

In addition to such circumstances as stated by the court below, I did not see that the defendant B was pushed ahead at the site at the time of the instant case in the court of original instance.

The defendant has no loss or damage to his body.

In light of the fact that the Defendant testified to the effect that “” (the 126, 130 pages of the trial record) the evidence submitted by the Prosecutor alone was proved to the extent that there is no reasonable doubt that the Defendant was tightly shouldered within the neck.

As such, it cannot be seen in the same purport.

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