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(영문) 인천지방법원 2017.05.31 2017노682
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of the legal principle) As to the assault against paragraph (1) of the judgment of the court below, the defendant did not have the victim's cream or her chest.

2) As to the injury of Article 2 of the decision of the court below, the defendant only had the victim's left side at one time with the victim's hand floor, and in light of the fact that the victim faced with her left side and the degree of violence is insignificant, etc., the victim did not have the right-hand spacks.

3) As to the crime of assault against paragraph (3) of the judgment of the court below, the Defendant was only at one time, and this was an inevitable act to prevent the victim from leashing his scam, such as the victim’s shouldering and taking a bath.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the act of assaulting 1 of Article 1 of the judgment below, i.e., (i) the victim made a concrete and consistent statement from the investigative agency to the court of the court below regarding the background of the assaulting from the defendant, the contents of the assault, etc., (ii) the victim made a statement at the investigative agency and the court of the court below that he was aware of the above assault from the defendant, and H also made a call to the defendant after hearing the fact of assault from the victim at the investigative agency and the court

In light of the statement, it is recognized that the defendant abused the victim as stated in this part of the facts charged.

Therefore, this part of the defendant's argument is without merit.

B. As to the violation of Article 2 of the lower judgment’s judgment, the summary of this part of the facts charged is KRW 30 million to be lent by the Defendant to G from the Defendant’s residence around December 30, 2015 to the Defendant’s wife at around 11:00.

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