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(영문) 의정부지방법원 2015.01.09 2014노947
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an injury to the victim by assaulting the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant: (a) around 00:50 on January 15, 2013, at the direction of the “D Licensed Real Estate Agent” located in Gyeyang-gu, Young-gu; (b) on the ground that the victim F (55 years old) who was driving by proxy his own Echip XG car on behalf of the Defendant does not want to drive the vehicle in the direction requested by the Defendant; (c) the Defendant: (d) intending to take a bath for the victim; (d) the victim, who was trying to stop his/her vehicle and left his/her vehicle; (d) the victim, who was able to stop his/her vehicle; and (e) kid the victim, who was able to get off his/her vehicle; and (e) the Defendant inflicted an injury on the victim, such as the fluoral c and tension in need of a medical treatment for about three weeks.

B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

C. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim was at the end of the Defendant’s destination by designating the final destination of the Defendant as K in Yangyang-gu, Yangyang-gu, the victim’s residence. In the middle, the Defendant was at the end to K, and the victim refused the Defendant’s request, and subsequently the Defendant took a bath, etc., and the victim was at the end, and there was a dispute between the Defendant and the victim, and the victim was at the end of the vehicle in the opposite direction to the vehicle progress beyond the center line. ② The victim was at the end of the vehicle, and the victim was at the end of the vehicle.

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