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(영문) 서울남부지방법원 2018.10.19 2017노1914
폭행치상
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

A does not pay a fine.

Reasons

1. The summary of the grounds of appeal: (a) The Defendants were not guilty of assaulting the victim as stated in the facts charged; and (b) the victim C’s injury claimed by the victim C is limited to the injury that the victim suffered in the course of assaulting the Defendant B and his husband, or in the course of cutting the goods from the Defendants, or in the course of cutting the goods from the Defendants; and (c) the above wife cannot be deemed to have caused the injury of assault to the extent that natural healing

Nevertheless, the lower court erred by misapprehending the facts and finding guilty.

② Even if the sentencing was found guilty, each sentence (the fine of KRW 500,000) that the lower court sentenced the Defendants is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the victim C was present at the investigative agency and court of the court below and found in his house for the purpose of getting the Defendants and H on the day of the instant case. While Defendant B was in the process of arguing that he did not get the Defendants and H from his own arms, Defendant A was faced with the injury as stated in the facts charged while she was faced with his own arms. While the parties' statements about the process of fighting were different with regard to the fighting, it seems clear that the Defendants and the victims were in fighting and the injury as stated in the facts charged was caused, the victim C was not in charge of the victim’s injury on February 22, 2016, which is 2 days after the date of the instant case, and the date when the victim’s injury was diagnosed and issued, and there seems to be no specific grounds for the victim’s injury as stated in the facts charged.

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