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(영문) 서울남부지방법원 2018.05.03 2016노2675
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the misunderstanding of the facts, did not see the victims, or did not see, or did not intentionally injure the victim F, but the lower court found the Defendant guilty of all the facts charged in the instant case.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to (i) the part of the victim F’s injury (i) evidence duly adopted and investigated by the first instance court; and (ii) CCTV images containing the pages at the time of the instant crime, in particular, the victim F’s breath’s breath, which were in front of the victim F’s clothes entering the victim F’s clothes at the time, are forced to catch the victim’s breath (from January 16, 2016 to 20:12:14 on the same day from January 16, 2016 to 20:12:14 on the same day), and the police again, when the Defendant again takes the breath of the victim F’s breath, the CCTV images alone do not make it clear whether the victim F was in front of the victim F’s breath in the process of making the victim F’s breath, but the victim F’s brea was not included in the instant facts charged.

(On January 16, 2016, 20:19:07 on the same day from January 16, 2016 to 20:19:12 on the same day). However, it is not confirmed that the defendant's chest was drinking by the victim F.

However, according to the above image, it is confirmed that the part part of the victim F’s chest towards the chest is confirmed twice in the process of breathing the f’s breath of the victim F, who entered the Defendant’s shop, and it can be mistaken for the victim F to have his chestd from the victim F. However, this is merely a victim.

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