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(영문) 수원지방법원 2015.07.10 2015노1260
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. The summary of the grounds for appeal is that the Defendant was injured only by D at the time of the instant case, but did not inflict any injury on D’s flaps by cutting and pushing flaps as indicated in the facts charged, but the lower court convicted the Defendant on the grounds of D’s statement without credibility. In so doing, the lower court erred by misapprehending the legal doctrine.

The defendant did not have intention to inflict injury on D, and the degree of injury suffered by D cannot be seen as an injury in the crime of injury.

2. Determination

A. On June 8, 2014 (the clerical error in June 9, 2014), at around 22:05, the Defendant inflicted an injury on the spawal coordinates that require approximately two weeks of treatment on the ground that he had talked about the part that he did not help the victim D when going out to the Dong representative of the past apartment at the front of 102 Dong-dong apartment 102 Dong-dong and 9-10Ra, and that he had talked about the part that he did not help.

B. Determination 1) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant’s flabing of flabs of the victim D, and the victim’s flabing of flab, and the victim’s flabing of flab, thereby suffering from the injury of the Defendant’s flabing of flabs. ① The victim D, under the influence of this case, discovered himself who was in the apartment complex at the time of the Defendant’s flabing of flabing of the apartment complex and flabing of the flabing of the apartment complex as a representative of the apartment complex, and flabed of the Defendant’s flabing of the flabing of the flab, and specifically stated the background of the occurrence of this case and the process of suffering from the injury (in the process of suffering from the injury, the statement made in

(2) Although E did not witness the instant case itself, the Defendant was under the influence of alcohol.

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