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(영문) 창원지방법원 2017.06.15 2017노294
상해
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (unfair sentencing) (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

B. In light of the prosecutor’s statement (misunderstanding of facts) and the statement of F corresponding thereto, etc., even if the defendant was found to have inflicted an injury on the victim by assaulting the victim under each of the following items on November 2014, the lower court acquitted the Defendant of this part of the facts charged, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. As to the Prosecutor’s assertion of mistake on the facts, the lower court’s judgment: (i) the following circumstances acknowledged by the record; (ii) G, which attempted to work at the Victim’s shop at the time of the instant case, appears in the lower court court’s court that the Victim completed work at his house and took clothes several times; and (iii) the Victim did not regard the Victim, etc. as having been injured.

The statement, 2. The victim was receiving the best and bed treatment from the Health Center as to the injury of the hole, etc. stated in this part of the facts charged.

In full view of the following facts: (a) the Defendant did not submit supporting evidence; and (b) the F’s statement was merely a professional statement; (c) the evidence submitted by the Prosecutor alone proves that there is no reasonable doubt as to the Defendant’s injury to the victim as stated in this part of the facts charged.

It is difficult to view otherwise, and there is insufficient evidence to acknowledge it.

On the other hand, not guilty of this part of the facts charged was pronounced.

2) Examining the evidence duly adopted and examined by the court below in light of the records, a thorough examination of the records reveals that the court below's finding of innocence as to this part of the facts charged is justified, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and thus, the prosecutor's assertion of mistake is without merit.

B. The defendant-appellant.

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