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(영문) 광주지방법원 2015.04.28 2014노1611
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below that found the Defendant guilty of the crime of injury even though the Defendant did not inflict an injury on the victims, was erroneous in misunderstanding of facts. 2) The sentence of the court below on unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

B. Prosecutor 1) In light of the fact that misunderstanding of facts and victim D were not good between the Defendant and victim D, and the number of letters sent by the Defendant to victim D, etc., the text messages sent by the Defendant constitutes text messages that cause the victim’s anxiety. Therefore, the judgment of the court below which acquitted the Defendant on the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., was erroneous in misunderstanding of facts. 2) The judgment of the court below on the

2. Determination

A. As to the assertion of mistake of facts, the court below acknowledged the following facts by the evidence duly adopted and investigated by the victim and F, the victim's statement that the victim and F, his/her father, was consistent with the situation where the victim suffered an injury by the victim's assault from the defendant, and ② The victim's injury was claimed that F was caused by the victim's assault, but the victim's injury was the victim's father and the victim's age reaches 78 years of age, it is difficult to believe that F was threatened with the victims. ③ The defendant stated during the investigation process that the victim and F was the victim's shoulder, side, and arms until the victim and the defendant were assaulted before the police officer, but the police officer dispatched to the scene did not seem to have been the victim, and according to the medical record of the hospital received by the defendant, it is difficult to see that the victim merely fbucks away on the right side of the defendant, and there was no reason to believe that the victim was felbucking, etc.

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