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(영문) 울산지방법원 2019.01.17 2018노1138
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. In light of the victim’s statement and the concept of injury in light of the summary of the grounds for appeal, even if the Defendant fighting each other’s body, such as scambling the victim’s shoulder, and scambling the right shoulder, scambling, and tension, the court below acquitted the Defendant, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

2. Determination on the grounds for appeal

A. On August 2, 2017, the summary of the facts charged in the instant case was around 10:30, the Defendant, at the president’s office of Ulsan-gun, U.S., U.S., U.S. (52) in U.S., the Defendant: (a) discovered the Defendant’s wife and the victim’s incompetence; (b) followed the Defendant’s wife and the victim; and (c) carried out physical fighting with one another by putting the Defendant’s shoulder with his hand; and (d) in the process, E was able to hear the external appearance of the victim; and (c) e was fluored by a cell phone with the victim’s head at the bar of the victim’s head.

As a result, the Defendant and E suffered injury at the same time to the right shoulder of the upper part, the upper part of the upper part in need of treatment for about 2 weeks, and to the upper part in the scam, scam, tensions, etc.

B. The lower court’s judgment based on the following circumstances acknowledged by its adopted evidence, i.e., stating that the injured person himself/herself has naturally cured without any special treatment, i.e., the victim himself/herself, i., the fact that the injured person is able to live an ordinary life, and ii) the victim stated that his/her pain was continued for a certain period, but the victim’s statement alone alone cannot be readily concluded that the injured person has a trouble in his/her living function as the injury in the instant case and caused a defect in health conditions.

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