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(영문) 수원지방법원 2019.08.22 2019노1709
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts only pertains to a person who actually lives the victim and did not commit an assault, such as walking the victim’s bridge as stated in the facts charged. Nevertheless, the lower court found the Defendant guilty of the assault, which erred by misapprehending the facts. 2) The lower court’s sentence (2 million won of fine) against the Defendant on unreasonable sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor 1 of the facts-finding, the court below acquitted the Defendant on the grounds of the injury among the facts charged in the instant case, even though the Defendant had the intention to inflict an injury and the causal relationship between the assault and the injury was recognized. 2) The above sentence of the court below of unfair sentencing is too uneasible and unfair.

2. The lower court, based on the facts stated in its reasoning, found the Defendant guilty guilty on the facts charged of this case by the evidence submitted by the prosecutor alone.

It was determined that there was a lack of causation between the result of violence and injury.

After that, the lower court convicted the Defendant of the facts charged of the instant assaulting that “the Defendant assaulted the victim’s bridge that the victim was tightly pushed up one time by hand and going beyond the direction of the victim at hand.”

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and it does not seem that there was an error affecting the conclusion of the judgment by misunderstanding the facts, and the defendant and prosecutor's allegation of mistake is without merit.

3. The instant crime of determining unfair sentencing by the Defendant and the prosecutor is disadvantageous to the Defendant in light of the background, method, etc. of the crime by assaulting the victim who is the physically weak.

Above all, the defendant denies the crime and misleads himself.

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