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(영문) 서울서부지방법원 2017.02.16 2016노122
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant argued that the Defendant had exercised force against the victim, and thereby caused injury to the victim, which requires approximately two weeks of medical treatment, such as base fluorites, tensions, and elbows. However, no further fact was found that the victim inflicted injury on the victim, such as thale thale of thale in need of approximately six weeks of medical treatment, fluorical fluorites, light signboards, etc.

Nevertheless, as indicated in the facts charged in the instant case, the Defendant inflicted injury on the victim, such as cerebral alkys, climatic signboards, etc., where no detailed conditions need to be treated for about six weeks.

In light of the above, the judgment of the court below which found the defendant guilty is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court (the 2-year suspended sentence of June and the 80-hour community service order) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On May 21, 2015, the summary of the facts charged in the instant case, around 01:15, the Defendant: (a) placed a taxi on the front side of Han River located in the 73-gu, Yongsan-gu, Yongsan-gu, Seoul; (b) under the influence of alcohol on the ground that the victim C (51 tax) who is a taxi engineer was running a taxi on the way that he does not accompany the Defendant of this Eunpyeong-gu, and brought it into the taxi on the ground that he did not pass; (c) while driving the taxi without paying the fee, the Defendant sawed the victim’s timber into his arms, cut the victim’s timber into his arms, cut it over the floor; (d) cut the victim’s timber into his finger; and (e) laid the victim’s neck into the neck of the victim; and (e) laid the victim’s head into the neck, thereby making it clear for the victim to suffer injuries necessary for treatment of the victim during the six-day period.

B. On the judgment of the court below, the court below found the defendant guilty of the facts charged in this case by taking account of the evidence in its judgment.

3. Determination on whether a deliberation was made

A. The following are acknowledged based on the evidence duly adopted and examined by the court below and the court below.

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