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(영문) 서울서부지방법원 2015.05.22 2014노1607
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that there was an invoice of value-added tax at the time of the instant case of mistake of fact, the Defendant did not have any physical contact with the victim at all, so there is no fact that the Defendant was her booming with the victim or her booming the victim.

The statements of the victim, witness, G, and H are inconsistent or inconsistent with one another, and even though they were recruited or they are not aware of the case in the victim's false speech, G and H have testified in favor of the victim.

Nevertheless, the court below found the defendant guilty of the facts charged in this case.

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

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant can be recognized as having inflicted an injury on the victim by scambling the victim's scam and destroying the victim as stated in the facts constituting the crime in the judgment below. Thus, the above argument by the defendant is not accepted.

(1) The victim, as well as the investigative agency, states that he/she was blicked by the defendant and scambling the victim. Even if there are some exaggerated statements about the situation at the time or the degree of injury of the victim, the whole of the statements do not seem to be consistent or contradictory.

(2) On the day following the occurrence of the instant case, the victim was diagnosed as an injury to the scopical base, etc. requiring two weeks’ medical treatment at the hospital.

③ At the time of the instant case, G stated in the lower court that “A witness at the time of the instant case, during the process in which the Defendant was dissatisfied with the victim’s her scam during the dispute, and the Defendant was not an assault for the purpose of her bucking with the victim’s scam.” and H is the same.

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