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(영문) 의정부지방법원 2019.02.19 2018노750
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the written diagnosis of injury against the victim of mistake of facts, the fact that the completeness of the victim's body is damaged due to the Defendant's assault can be recognized.

Nevertheless, the court below rendered a not-guilty verdict on the crime of injury, and there is an error of misunderstanding the fact.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On February 22, 2017, the Defendant: (a) around 21:50 on February 22, 2017, the summary of this part of the facts charged was the victim D (n, 63 years of age) living in the apartment building in front of the Ki Government-si B apartment C head; (b) and the head of the Tong election; (c) while carrying the trial expenses in relation to the election of the head of the Tong, the Defendant carried the victim’s body by hand; and (d) followed the victim who intends to board an elevator, carried the victim’s face and left arms; and (e) caused the victim’s injury, such as salt fat, tension, etc., for about two-day medical treatment.

B. The lower court’s judgment: (a) according to CCTV images taken by the Defendant at the time, the type force of the CCTV used by the Defendant was: (b) the Defendant’s use of the CCTV was carried out several times to catch the victim’s chest part in the elevator; (c) the Defendant’s use was carried out by extending the part of the victim’s chest; (d) the victim’s body was pushed down; and (e) the victim’s body was pushed down before and after the elevator boarding; and (e) there was no content of assault that could directly cause pain on the part of the victim’s arms; and (e) the type of force used by the Defendant appears to have been relatively insignificant; and (b) the victim fell from the investigative agency on several occasions on the side of the elevator finger hand by shabing the bridge in front and rear in the elevator. After the arrival of the first floor, the Defendant made a statement in this court that “The Defendant made it obvious or obvious.”

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