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(영문) 청주지방법원 2017.09.07 2017노552
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant misunderstanding of facts took three and four faces of the victim's face. However, the defendant did not inflict an injury upon the victim's face more than three times, such as written in the facts charged in this case.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: “The Defendant, around January 5, 2017, at around 2019:10, 250, Cheongju-si, Cheongdong-ro, Cheongdong-ro, and Dokdong-gu, and Dokdong-gu, Dokdong-gu, Korean Teachers’ University Culture, he was boarding the cab of the victim with his passengers, and did not pay the fee on the ground that he was in dispute with the victim, and that he was bad, and the victim’s face was requested to change the cab cost, and the victim was able to pay approximately three weeks of the face of the cab, and thus, the Defendant sustained injury “1/10,000 won at the right-hand and right-hand side,” and the court below found the Defendant guilty on the basis of the evidence of the judgment.

B. In light of the following circumstances, the lower court, based on the evidence duly adopted and examined by the lower court, found the victim’s face when the Defendant took place at the time of “consecting”, the evidence alone presented by the prosecutor, which, in turn, deemed that the Defendant had taken the victim’s face at the time of “consecting”.

It is difficult to readily conclude.

Nevertheless, the court below held that the defendant was at the time of "the defendant's statements" of the victim.

In this regard, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

This part of the defendant's argument is justified.

The defendant, as well as investigation agencies and the court below, stated that he only took three and four faces of the victim at the time of the victim's face.

According to the “the arrest report of a assault case” written on the day of the instant case, the victim may take face from the victim to the police officer dispatched at the time.

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