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(영문) 부산지방법원 2017.12.01 2017노646
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has not inflicted an injury on the victim as stated in the judgment of the court below.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor maintained the existing facts charged as the primary facts charged and applied Article 260(1) of the Criminal Code, and applied Article 260(1) of the Criminal Code, and applied Article 260(1) of the Criminal Code, which added the facts charged as stated below to the facts charged, was changed by this court's permission.

As examined below, this Court found the Defendant guilty of the conjunctive charges, so the judgment of the court below that only the primary facts charged can no longer be maintained.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake of facts as to the primary facts charged is still subject to the judgment of this court, and this is examined.

3. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in the primary charge of the instant case is that “Around May 27, 2016, at the D office located in the Busan District captain-gun C around 22:00 on May 27, 2016, the Defendant engaged in a catus fatus which requires medical treatment between the next month and the next month by generating the victim’s left face, chest, side glass, etc.”

B. Based on the evidence in its holding, the lower court found the Defendant guilty of the above charges by taking into account the following: (a) the content of the victim’s statement is specific and natural; (b) the content of the victim’s statement conforms to the victim’s statement; (c) otherwise, it appears that there is no fact that the victim has suffered damage or accident that is serious as stated in the victim’s statement; and (iv) the Defendant appears to have attempted to return to G by approaching the victim in advance; and (v) the statement of G, consistent with the Defendant’

(c)

1) In the case of an injury diagnosis, the injury diagnosis report mainly takes place.

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