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(영문) 수원지방법원 2017.09.25 2017노3291
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) was not guilty of having inflicted an injury on the victim or detained the victim as stated in the judgment of the court below.

(2) The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

B. According to the evidence submitted by the prosecutor, although the court below found the defendant guilty on the violation of the Labor Standards Act among the facts charged in the instant case, there were errors in the misapprehension of facts and the misapprehension of legal principles.

2. Determination

A. Comprehensively taking into account the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant inflicted an injury on the victim and detained him/her can be sufficiently recognized as stated in the lower judgment.

Therefore, the defendant's above assertion is without merit.

(1) Injury: (1) The victim got from the investigative agency to the court below, “The defendant was followed by the victim in the computer room on the day of the instant case; and (2) the victim attempted to go by, and the defective defendant was tightly sealed by the victim’s shoulder and boom.

“A relatively specific and consistent statement was made to the effect that “.”

② On February 13, 2016, the victim visited the Seoul National Assembly member and received a diagnosis and issued a written diagnosis of injury. The causes of injury are as follows: “The causes of injury to the medical certificate of diagnosis are as follows: “The causes of injury to the company’s women have faced with both arms and the wall.” The date of injury is as “ February 11, 2016,” and the name of the sick is as “the main injury: the upper injury: the upper injury, the upper injury, the upper injury, the upper injury, and the upper injury, the upper injury, the upper part, the upper part, the check, etc. of the company.”

On the 33th page of the investigation record, the above diagnosis date and time is close to the time when the victim claims the injury, and the part and degree of the injury as stated are consistent with the cause and circumstance of the injury claimed by the victim.

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