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(영문) 창원지방법원 2019.08.20 2019노403
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal;

A. The Defendant did not have inflicted an injury upon the victims by exercising the same tangible force as the stated in the facts charged, and there was no fact that the victim B’s internal surgery and sacrific acid was damaged.

B. The words “victims, etc.” alleged to be the victim E does not constitute the injury of the crime of injury, and even if the injury constitutes the injury, it does not result from the Defendant’s act, even if it was caused by the king evidence of the

2. Determination

A. We examine the victims' use of force and damage of property, and argued that the victims made a statement consistent with the facts charged of this case specifically and consistently from the investigative agency to the court of original trial, and that there is no motive for the victims to make a false statement, and that the victims' medical certificate (No. 14, 23 pages of evidence records) and victim B's damaged photographs (No. 22, 25, 26 pages of evidence records) taken at the time of the case supporting the victims' statements (the defendant was within the inside of the victim's photograph (No. 22 pages of evidence records) taken by the police officers dispatched at the time of the case, and the victim's photograph (No. 25, 26 pages of evidence records) submitted after the occurrence of this case. However, the court below's judgment of the court below was just and erroneous in the misapprehension of facts as stated in the facts charged of this case (No. 200 of evidence records).

(b)an injury to the victim E;

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