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(영문) 서울동부지방법원 2017.06.30 2017노183
폭행치상
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. The summary of the grounds of appeal (misunderstanding of facts) is as follows: (a) there is no credibility in the victim F’s statement and the written diagnosis of injury corresponding to the facts charged in the instant case; and (b) there is no other evidence alone that the Defendant committed an assault against the victim as stated in the facts charged; (c) the lower

2. 항소 이유에 관한 판단 살피건대, 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들 즉, ① H은 피고인과 피해자가 주먹으로 때리는 장면을 목격하지는 못하였으나 서로 밀치거나, 바닥에 엉켜서 뒹굴고 있는 장면은 보았다고

and immediately after the fighting, the victim stated that the victim's coconcis in the medical room to receive medical treatment;

In light of the fact that the victim's statement related to the course of the case is written "R (former name prior to the victim's name) and rhythm," the fact that the victim's statement related to the course of the case was sexually exaggerated, even if the victim's statement was sexually exaggerated, and the fact that the victim's injury was sexually committed as stated in the facts charged in this case, is true.

On the other hand, while the diagnosis of the victim's injury in the preparation of JIS was prepared on August 6, 2015 after about four months from the date of the accident in this case, it was written on August 6, 2015. However, the medical name stated in the future medical opinion that "the victim's injury in the preparation of JIS for the victim shall be limited to the 4th side of the non-fashion and the 4th side of the non-fashion," and that "the medical treatment may be required due to unstableness in the case of the 4th side of the fash," the above medical opinion and the future medical opinion shall be limited to the victim.

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