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(영문) 춘천지방법원 2017.02.09 2015노217
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, merely caused twice the part leading to the victim’s timber and shoulder (one time that the damaged person did not fit the damaged person) and did not have a friendly part of the victim’s timber twice and three times, as stated in the facts charged.

In addition, due to the assault of the defendant, there was no injury such as the statement in the facts charged.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) the Defendant: (b) 08:40 on June 19, 2014; (c) on the ground that the Defendant interfered with the progress of the vehicle installed by the victim; (d) on the ground that the Defendant interfered with the progress of the vehicle installed by the victim; (d) 1:34 years old; and (e) 34 years old; and (e) 1:5 years old, 201

"Feash from the car to the car, the victim's neck was 2 times, and the lower part of the tree was flicked by using assaulting three times, thereby causing an injury in need of treatment for three weeks, such as the flatal salt, tension, etc.

B. The lower court determined that the victim’s statement is reliable in light of the following: (a) consistent with the victim’s statement, such as the statement in the facts charged, and (b) the Defendant voluntarily recognized the victim’s shoulder and shoulder-friendly fact twice; and (c) the victim’

The above facts charged are found guilty.

(c)

In light of the following circumstances acknowledged by the evidence duly admitted and examined at the lower court and the lower court’s judgment, the Defendant may have acknowledged the fact that the lower part of the victim’s timber was frightly and three times as the victim’s lower part was pressured twice as of the date and time indicated in the instant facts charged. However, it is difficult to recognize the fact that the victim suffered injury, such as the facts charged, as stated in the facts charged.

1) The statement made by the victim (1) is an investigation into police conducted on June 19, 2014; submission of the complaint filed on June 20, 2014; investigation conducted on August 22, 2014; and investigation conducted by the police conducted on February 2015.

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