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(영문) 청주지방법원 2013.04.19 2012노1008
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the part of the charge of bodily injury against the victim F in light of the victim's statement and the statement of injury diagnosis, although there was no fact that the victim F was sealed, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the medical certificate of injury to the victim F (in the face of 30 pages of investigation records), the victim F may be found to have suffered an injury under Section 1 of the First Tranc that requires approximately six weeks of medical treatment on the day of the instant case.

Then, it is examined whether the injury of victim F was caused by the assault of the defendant.

At the time of the first investigation by the police, the victim E stated that “the fact that he was said to be a person with bad credit standing, with the statement that he was a person with bad credit standing, was the same as when the Defendant was her, after hearing the statement,” but at the time of the second investigation by the police and at the court of the original instance, reconvened the statement to the effect that “at the time of the instant investigation, the Defendant did not have any conversation with the Defendant, and when she was her at the time of the instant investigation, she made a consistent statement from the Defendant on the grounds that he was assaulted by

However, with respect to the Defendant’s act of assault from the police to the court below’s trial, the victim E consistently stated that “F saw the Defendant’s chest part of the F in which the Defendant fighting fighting was fighting in both hands and was pushed over the floor.”

The victim F also shows that from the police to the court of the court below, the defendant's 'the defendant's 's 's 's 's 's 's 's 's 's 's '' was taken to drinking

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