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(영문) 서울중앙지방법원 2012.12.28 2012노3678
중과실치상
Text

The judgment of the first instance shall be reversed.

The punishment of a defendant shall be determined by imprisonment without prison labor for three months.

Reasons

1. The judgment of the court of first instance, which convicted the victims of the charge that the victims D did not reside in the instant house even though the defendant was removed from the entrance to remove the instant house and left the house as an abandoned house after the defendant was left the house in Seoul Jongno-gu around March 15, 2011. The judgment of the court of first instance, which convicted the victims of the charge that the victims D did not suffer any bodily injury from the Defendant's kid on the bridge while entering the instant house, is unlawful. ② The fact that the victim's gross negligence was caused on April 8, 2008 by gross negligence, was not reported to the Seoul Jongno-gu I and did not open the house in this case, and the victim D did not reside in the instant house at the time when the entrance was closed to remove the instant house after the date of the directors, and it was merely a gross negligence of the victims to the extent that the victims did not suffer any bodily injury from the Defendant's kid on the bridge, and the judgment of unfair sentencing was made by the court.

A. On the assertion of misunderstanding of facts, the victim D appeared as a witness in the court of first instance, and "at the left end of Mat, the Defendant was treated in the emergency room of the J Hospital," and "after the owner of the instant house changed from the Defendant to K, the owner of the instant house made the victim D as a lessee without opposing power, so that he/she would drive away the lease deposit without returning the lease deposit, he/she set the string to the door and set the string in the house to prevent entry. The victim D was living outside the house of this case while living in the outside on April 5, 2011, and used as evidence to prove that he/she was a lessee with opposing power.

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