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(영문) 수원지방법원 2016.12.23 2016노4675
상해등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) through misunderstanding of facts or misunderstanding of legal principles, Defendant A assaulted the shoulder of the victim F at his own discretion once, and pushed the victim B’s chest. However, the victim B cannot suffer from the right side by Defendant A’s act on the ground that he did not consent of the victim B’s her fry, thereby making it difficult for the victim B to suffer from the right side.

Nevertheless, since the court below found Defendant A guilty of injury among the facts charged, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The sentence (one million won of fine) imposed by the lower court on Defendant A is too unreasonable.

B. Each of the statements made by the public prosecutor A and E does not have a clear reason to reject credibility, and according to each of the above statements, Defendant B may sufficiently recognize the fact of patent insult by bringing the victim’s desire to do so.

Nevertheless, the court below found Defendant B not guilty on the grounds that it is difficult to believe each of the statements made by the victim A and E, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles, namely, the victim B, from the investigation agency to the court of the court below, consistently followed the following circumstances: (a) the victim B made a statement that the Defendant A, who was a mixed person, has been the victim F and E around the time when he was pushed down with his left part; (b) he stated that he was the victim F and E; (c) in the police investigation and the court of the court of the court below, the Defendant A was not the head of the victim B’s pathy; (d) however, the victim B’s statement was difficult to recognize its credibility as seen later; and (e) the victim’s statement and the victim’s injury part and the injury part indicated in the photograph and the injury diagnosis report on the victim B.

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