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(영문) 창원지방법원 2018.02.08 2017노660
상해등
Text

Of the judgment of the court of first instance, the guilty portion and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by a fine of KRW 7,000,000.

Reasons

1. Of the judgment below of the court below No. 1, the court below dismissed the public prosecution on the violation of violence and pronounced guilty as to the injury.

Comprehensively taking into account the petition of appeal and the statement of reasons for appeal submitted by the Defendant, the Defendant filed an appeal only against the conviction except the dismissed portion of the above indictment, and the dismissal portion of the indictment was not filed by the Defendant and the prosecutor. As such, the dismissal portion of the indictment in the judgment of the court of first instance is determined separately and determined and excluded from the object of the adjudication of this court (hereinafter “the first original judgment”) (hereinafter “the part of the first original judgment”). 2. Summary of reasons for appeal

A. In relation to a mistake of facts or misapprehension of the legal doctrine, the Defendant only committed an injury to the victim only, with regard to the Defendant’s abstination of the victim A and the bones side of the sublime, and there was no injury to the victim.

Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) As to the point of defamation (Article 2 of the lower judgment), part of the facts charged (Articles 3 and 4 of the facts charged in the instant case No. 1808, 2016, 2016, 4, 2016, and 630, 2016, No. 1 and 2 of the facts charged in the instant case) are indicated as outlined in the facts charged, and the facts charged are accurately identified.

subsection (b) of this section.

On the other hand, the defendant did not make any statement to the victims as stated in the facts charged, and even if so, it is true.

Even if the defendant was in a close relationship with the victims, there is no possibility of public performance or dissemination.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence that the lower court sentenced to the Defendant, respectively, (No. 1: a fine of 500,000 won, and a fine of 10,000,000 won):

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