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(영문) 인천지방법원 2018.10.05 2016노5295
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal lies in the fact that the defendant is a citizen of the victim's body, but there is no fact that the victim's left part or chest was involved, and there is no fact that the victim was injured as stated in the facts charged due to the assault by the defendant.

In addition, the sentence of the court below (the amount of 500,000 won) is too unreasonable.

2. Determination

A. On March 28, 2016, the Defendant sought money from the victim E (55 years, women) within the territory of Nam-gu Incheon Metropolitan City, Nam-gu, Seoul around 15:50 on March 28, 2016.

During the process of putting the phrase "the victim died of the defendant's husband as the defendant's defendant," the victim's body was cut down five times by hand, and the victim's body was pushed down by five times by hand, and the victim's left part and part of the chest were 21 days of treatment to the victim, and the victim was satisfe, a dump, a shoulder, a tension, etc.

B. The lower court found the Defendant guilty of the facts charged based on the evidence adopted by the lower court.

(c)

In full view of the following circumstances acknowledged by the records of the instant case’s deliberation, the evidence submitted by the prosecutor alone, as well as the victim’s body, was inflicted on the victim’s left arms, etc. due to the Defendant’s assault, and the victim sustained injury that requires three weeks’ medical treatment, such as the Defendant’s charge, as indicated in the facts charged.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① Although the Defendant consistently asserted from investigative agencies to this court that the victim’s body is a citizen, the Defendant is asserting that there is no fact when the victim’s left part is sold or her chest is loaded.

(2) Examination of evidence with respect to recording and video recording media shall be conducted by means of listening to or viewing by reproducing such recording and video recording media (Article 134-8(3) of the Regulations on Criminal Procedure), and adoption of such recording and video recording media as evidence without undergoing examination of evidence is illegal.

The lower court at the time of the instant case.

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