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(영문) 창원지방법원 2017.08.17 2017노45
상해
Text

The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not have an assault against the victim as stated in the facts charged in the instant case, and there was no fact that the victim was injured thereby.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the legal principles as to the probative value of the medical certificate of injury and thereby affecting the conclusion of the judgment.

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

2. Determination:

A. On December 28, 2015, the Defendant: (a) around 23:00 on Kimhae-si, Kim Jong-si, 303 Dong 1105, the Defendant inflicted a bodily injury on the victim’s face by taking the victim’s head head debt with his/her left hand; (b) cutting the victim’s head debt on one occasion with his/her own hand; and (c) cutting the victim’s face one time with his/her hand; and (d) walking the victim’s face one time and then damaging the head part of his/her head, which requires two weeks of treatment.

B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

(c)

1) In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. As such, in a case where the prosecutor’s proof does not reach the degree to have the aforementioned conviction, even if there are suspicions of guilt, such as inconsistency with the Defendant’s assertion or defense, or non-competence, it should be determined in the interests of the Defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). 2) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and duly examined by the lower court and the trial court, the fact that the Defendant inflicted an injury on the victim, as described in the facts charged in the instant case, is recognized.

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