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(영문) 서울중앙지방법원 2013.04.19 2013노237
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Although the summary of the grounds for appeal can be recognized that the Defendant, as stated in the facts charged, was guilty of the facts charged in this case, as the Defendant was released from the victim’s soil, thereby causing injury, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Prior to the grounds for appeal by the prosecutor ex officio, the prosecutor filed an application for changes in indictment with the same content as the facts charged in the following changes in the facts charged at the trial. Since this court permitted this, the judgment of the court below cannot be maintained as it is.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.

3. Determination on the grounds for appeal

A. The revised charge is an occupant of 108 Dong-dong 101, Gwanak-gu, Seoul Special Metropolitan City, and the defendant cultivated a shoulder in the commonization team prior to the above 101, and the residents filed several civil petitions requesting the above apartment management office to restore the apartment to its original state.

At around 14:15 on June 15, 201, the Defendant, under the direction of the head of the above apartment management office, brought the victim E, who was performing the work of relocation of the chemical site and took a bath to the victim E, who was in charge of the work of relocation of the chemical site, and assaulted the victim by gathering the plants with soil attached thereto.

B. The Defendant asserts that the Defendant is not guilty of the changed facts charged, on the ground that the Defendant was not guilty, since he was able to spons the floor up several times above, and the Defendant only sponsed the victim’s upper half of the body and did not use force towards the victim.

The act of display or throwing of goods in close vicinity to the body of the victim was not directly contacted with the body of the victim.

Even in the event of illegal tangible force against victims, violence is committed.

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