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(영문) 전주지방법원 2019.05.01 2019노127
상해
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B did not have assaulted a victim A as stated in the facts charged, and the injury suffered by the victim was not caused by the Defendant’s assault.

B. According to the evidence submitted by the prosecutor (defendant A), since it is recognized that the victim B suffered injury due to the assault by the defendant A for three weeks, it is erroneous in the judgment of the court below which acquitted the defendant A on this part of the reasoning. 2) The sentence against the defendant A (fine 300,000) by the court below is too uncomfortable and unfair.

2. According to the evidence duly adopted and examined by the lower court regarding the grounds for appeal by Defendant B, in particular, according to the video CDs (Evidence No. 8) on the face of assault (Evidence No. 8), the fact that the Defendant committed an assault against the victim A as described in the facts charged is acknowledged without reasonable doubt.

Furthermore, the court below asserted that the defendant's act was not the victim's injury as stated in the facts charged, and the court below stated in detail the judgment on this part of "[Supplement]" at the bottom of paragraph (1) of the crime of the court below. In light of the records, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts.

Defendant

B’s assertion is without merit.

3. Judgment on the prosecutor's grounds for appeal

A. As to the facts charged that Defendant A inflicted an injury on the victim by assaulting the victim B for about three weeks, the lower court held that the Defendant’s assault was minor, the date of diagnosis in the medical certificate submitted by the victim was not indicated, and the two months after the instant case was issued on March 21, 2018, and all other circumstances, such as the fact that the medical certificate was issued, the Defendant’s assault to the victim.

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