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(영문) 수원지방법원 2017.05.19 2016노3044
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of facts, misunderstanding of the legal principles, victim's statement, and evidence corresponding thereto, the court below held that there was no proof of a crime as to this part of the facts charged even though the defendant sufficiently recognized the victim's assault by drinking the victim's timber.

B. The sentence that the court below rendered unfair sentencing (one hundred thousand won in 500,000 won) is too unhued and unfair.

2. On July 3, 2015, around 19:40, the lower court found the Defendant guilty of the part of the charge that the Defendant inflicted an injury on the victim’s right hand, such as leashed salt in need of treatment between approximately 21 days by cutting down the victim’s right hand hand, and determined that the charge that the Defendant committed an assault on the victim’s part at the above time is difficult to believe the victim’s statement as it is, and there is no other evidence to acknowledge it, and there is no other evidence to prove the crime.

3. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant’s act of assaulting the victim’s neck by drinking the victim’s neck and causing bodily injury, etc., shall be sufficiently recognized.

Therefore, prosecutor's assertion of mistake is justified.

① On July 4, 2015, the day following the instant case: (a) the victim visited Mapo-si, a member of the Mapo-si, and complained of the pains due to an assault; (b) on the same day, the Mapo-si G was diagnosed of the Gyeongpo-si, the Hapo-in, the Mapo-si, and the

② On July 6, 2015, the victim was hospitalized for about three weeks after receiving X-ray photographs and physical therapy from the above Council member on July 6, 2015. The victim was hospitalized for approximately three weeks after being discharged from the hospital. The victim received physical therapy and the therapy after being discharged from the hospital.

(3) On August 19, 2015, the victim was found to have been drinking back by the police on August 19, 2015.

(b) a statement;

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