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(영문) 창원지방법원 2020.02.06 2019노1192
상해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant has inflicted any injury on D.

B. Unreasonable sentencing

2. Determination

A. The summary of the facts charged in the instant case is the building owner of the “C” located in Jinsung-gun B, Chungcheongnam-gun, and the victim D is the tenant of the said building.

At around 14:00 on December 18, 2018, the Defendant told the police to report the victim's body if the victim would not pay the monthly rent, and caused the victim's body by hand, pushed down the wall into the wall, tightly, tightly, tightly, tightly the head to the wall, and faced with the wall by scambling the body of the victim. At the time of 3:4 times from 14 days to 14 days on both hand, the Defendant saw the victim to scam and scam in need of medical treatment for 14 days.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence adopted and the circumstances explained by the lower court.

C. In light of the following circumstances acknowledged by the court below’s judgment and the evidence adopted and examined by the court below, it is difficult to view that the evidence submitted by the prosecutor alone was sufficiently proven to the extent that there is no reasonable doubt that the Defendant inflicted injury upon D as stated in the facts charged in the instant case.

Therefore, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

The Defendant’s assertion is with merit. In the police investigation conducted on April 3, 2018, D stated to the effect that “the Defendant was frighted to the wall, and frighted to the breast, and frighted to the breast, so far as they were frighted to the breast, fright to the breast,” and at the time of the investigation conducted on April 9, 2018, D stated to the effect that “the Defendant was fright to the wall, fright to the wall, fright to the wall, fright to the wall, fright to the wall, and fright to the breast, fright to the wall.” After that, in the police investigation conducted on July 3, 2018, the Defendant frighted to the victim’s shoulder by hand.”

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