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(영문) 수원지방법원 2018.01.11 2017노4978
상해
Text

The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a misunderstanding of facts, did not commit an assault against A, but did not exercise the force of force to the extent that the injury may occur, on the ground that A’s assault took place against himself/herself to defend himself/herself.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. On August 29, 2016, the summary of the facts charged in the instant case was talked with the victim A (hereinafter “victim”) before the second floor of the building “E” located in Maan-gu, Ansan-gu, and the Defendant’s operation, on the ground that the victim expressed the Defendant’s desire to “the two son” on the ground that the Defendant expressed the Defendant’s desire to be “the two son,” the Defendant prices her her son with the Defendant one time, and the Defendant was faced with the Defendant on the wall for approximately four weeks of injury, such as a fright so that the Defendant was in need of a four-day treatment, and the victim’s left part of the part on the part of the victim’s left part on the left part of the drinking-gu, and continued to be considered as a part on the part of the victim’s one-time treatment for the victim, the victim’s chest-face and the part on the part on the left part of the drinking-gu.

2) The lower court found the Defendant guilty of the instant facts charged based on the evidence in its judgment.

3) The following circumstances revealed by the evidence duly adopted and investigated by the lower court’s determination of the party, i.e., ① the victim consistently stated in the investigative agency that “the Defendant was booming with her bath, her booming with buck, the Defendant her bucking with her drinking, and the Defendant was immediately her inside, and the left side her drinking with her drinking,” and ② the victim stated consistently that “the victim was frighted on August 30, 2016 following the date of the instant charges.”

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