(영문) 대구지방법원 2017.03.29 2016노4244 | 리걸엔진

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(영문) 대구지방법원 2017.03.29 2016노4244

상해등

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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. The defendant is not guilty of assaulting the victim or causing bodily injury.

The judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment that the lower court sentenced to the Defendant (2 million won a penalty) is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly adopted and examined by the lower court, the following circumstances are recognized.

A) On the day of the instant crime, the husband F of the victim was found to have paid the borrowed money to the Defendant, but the Defendant demanded the repayment of interest and did not return the borrowed money, and there was a dispute between the Defendant, the victim and the victim’s husband F.

B) On the day of the instant crime, the victim found the Defendant respectively on the A.M. and the P.M., and at that time there was little physical fighting between the Defendant and the victim during the process of vagabonds, the statement made by the Defendant and the victim are mutually consistent.

The defendant and the victim did not have used violences with each other, and they were subject to violence.

Although the statement is made, it seems that the dispute occurred in the course of the dispute.

C) Although the statements made by the victim to find the Defendant again in P.M. on the day of the instant crime, or the statements made in P.M. and the statements made in P.M. and in P.M. respectively, are not clearly distinguishable and are somewhat inaccurate, the assault and the injury of the instant case are relatively consistent.

After the crime of this case was committed, the victim’s statement was made by finding the Sungju Police Station and took a photograph of the victim’s injury. However, it is difficult to view that the victim’s statement concerning the crime of this case is contradictory or false in light of the circumstances at the time of the crime or the criminal conduct of the victim immediately after the crime was committed.

D) The victim is at a hospital after the occurrence of the instant case.

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