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(영문) 전주지방법원 2017.11.24 2017노1052
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of having a fluorily damaged the part of the victim’s chest.

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

2. Before the judgment on the grounds for appeal on the board of appeal, the prosecutor tried to examine the facts charged by the prosecutor at the trial, and “The Defendant,” on September 6, 2016, on the street, set up a frequency sign in front of the “D cafeteria” located in the former Northwest-gun C of North Korea, the Defendant assaulted the victim of the victim’s chest with the victim E (n, 45 years of age) one time with the left shoulder.

It is changed to "," and the applicable legal provisions are "Article 260 (1) of the Criminal Act, and Article 334 (1) of the Criminal Procedure Act," and this Court permitted the application and changed to the subject of the judgment, so the judgment of the court below is no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding of facts is still subject to a trial by this court, and this is examined. However, since the facts charged were modified as above, it is intended to determine whether the defendant's assertion of misunderstanding of facts based on the changed facts charged is justifiable.

3. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant can sufficiently prove the facts of assault as stated in the revised facts of this case. Thus, the defendant's assertion of mistake of facts is without merit.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Judgment] The facts constituting the crime acknowledged by this court are the facts charged as modified under the above 2.

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