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(영문) 수원지방법원 2016.07.06 2016노2279
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: (a) misunderstanding the fact that the Defendant moved to the wife of the hospital, and expressed the claim against it, merely supported the Noart North Korean standard string; (b) did not have the intent to commit an injury to the victim; (c) the string of the wall suffered by the victim may be cured naturally and naturally; and (d) there was no impediment in daily life, and thus, cannot be deemed to constitute “injury” under Article 257(1) of the Criminal Act; (b) The lower court convicted the Defendant of the facts charged in this case; and (c) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (two months of imprisonment) is too unreasonable.

2. Determination

A. 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to whether the injured party’s wife constituted “injury” under Article 257(1) of the Criminal Act, i.e., the victim suffered spawn in the first floor of the first floor and suffered spawning, and there was multiple evidence.

“............. “....... the victim suffered spons of the double walls requiring treatment for 14 days, and the preservation and progress observation accompanied by the drug treatment is required.

In full view of the facts stated in the purport, “Absents of a double wall suffered by the victim” shall be deemed as constituting “injury” under Article 257(1) of the Criminal Act.

Therefore, this part of the defendant's argument is without merit.

2) As to whether the Defendant had the intent to inflict an injury on the victim, taking into account the following factors: (a) the Defendant’s price and the degree of price of the Nopt Standards; (b) the Defendant, the victim, and the victim at the time of the price; and (c) the mutual distance, etc., from each location of the Nopt Standards, at the time of the price, may inflict an injury upon the victim, who was in front of the Nopt Standards Standards.

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