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(영문) 인천지방법원 2020.09.18 2020노134
특수상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal;

A. In relation to the defendant's injury, although the defendant has been suffering from a dispute with the victim, there is no fact that the victim's face, chest, side glass, etc. has been taken by drinking, and there is no fact that knee has sold the victim's face with knee.

With regard to the obstruction of performance of official duties, police officers only have a fact that they are frighten about the body of the defendant in the process of arresting the defendant, and there was no assault against the police officer as stated in the facts of the crime in the judgment below.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. In light of the fact that the prosecutor denied all the facts charged in the facts charged in the court below, but the victim's statement is hard to believe, the police officer dispatched to the scene showed that the defendant was at the time of cleaning aluminium, and accordingly, the police officer seized Aluminium cleaning smuggling. Thus, although the defendant could sufficiently be recognized, the court below acquitted the defendant of this part of the facts charged, it is erroneous in the misapprehension of the facts.

2. Determination

A. Determination of the Defendant’s assertion of misunderstanding of facts (the guilty part in the original judgment) 1) The summary of this part of the facts charged is the spouse B of the victim.

On February 20, 2019, from around 09:00 to 09:20 on the same day, the Defendant argued with the victim in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon at 000, and returned home with the victim, but again fighting as a matter of this issue, and fighting again, the Defendant saw the victim's face, chest, knee, and knenee with the victim's face.

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