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(영문) 대구지방법원 2018.08.30 2018노752
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has not inflicted any bodily injury on the victim by assaulting the victim;

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. On April 6, 2017, at around 23:00, the Defendant expressed the victim E (60 years of age) and the victim while drinking alcohol in the middle-gu, Daegubuk-gu, and expressed the victim’s desire to “in the middle of drinking in the middle of 15 years of age, I would like to look at the victim’s face and take three times of drinking in the middle of 10 days, for the following reasons: (a) on the ground that the victim E (60 years of age) and the injured person was not aware of the amount of writing; and (b) on the ground that “In the middle of drinking in the middle of 10 years of age, I would like to see the victim’s face.”

B. We examine the judgment of the court below, and the defendant asserted the same purport in the court below. According to the victim's upper part photograph of the body, the court below held that there was snow typopical typile in which the part other than the tear of the eyebrow can also be seen to have been caused by typry, and that the victim was sprised from the neighbor F.

In light of the fact that the victim stated otherwise, the victim did not have any reason to dismiss the defendant, and that the victim immediately reported to the police after being injured if the victim did not dismiss the defendant, but the defendant did not take any measures to report to the police, etc., the court found the defendant guilty of the facts charged in this case on the ground that the credibility of the victim's statement that he suffered bodily injury from the defendant is recognized.

(c)

(1) According to the evidence duly adopted and examined by the lower court and the first instance court on the circumstances stated by the lower court, the victim committed assaulting the Defendant by consistently taking three times his/her face face up to the time of the lower court and the lower court.

A statement is made and the victim's statement is specific and consistent in relation to the place of violence, the circumstances of violence, etc.

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