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(영문) 울산지방법원 2019.05.24 2019노73
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the process of disputing the victim with the victim, while there was two times of drinking the victim's face face, the defendant did not have exercised other tangible power and did not cause a brupted and brupted loss to the victim. Thus, the judgment of the court below convicting the defendant of the facts charged of this case is erroneous in the misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. 1) The court below found the defendant guilty of the facts charged in this case on the ground that the defendant could have inflicted injury on the victim as stated in the facts charged in full view of the legal statement and injury diagnosis statement of the victim and witness, and the field boom video CD, etc. (2) The court below found the defendant guilty of the facts charged in this case in determining the credibility of the victim's statement supporting the facts charged, as well as whether the statement conforms to the reasonableness, logic, and morality of the contents of the statement itself or the rule of experience, or the testimony or the third party's statement, such as the witness's appearance, attitude, and appearance of the statement, which are part of the witness's statement in the open court after being sworn before the judge, and the witness's statement in the witness examination protocol, such as the witness's appearance, attitude, and statement, which are hard to record, should be considered in light of all the circumstances that were obtained by directly observing the facts charged, and the victim's statement including the victim's witness's witness's statement is consistent and consistent with the facts charged.

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