beta
(영문) 창원지방법원 2014.06.19 2014노373

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In light of the date and time indicated in the facts charged in this case, the Defendant’s misunderstanding of facts recognizes the victim F (hereinafter “victim”)’s face by hand at the same time and at the place as indicated in the instant facts charged, and recognized the fact that the Defendant, who is a female female aged 70, committed the above assault against the victim who is a male in the middle year, cannot be easily understood that the victim suffered from the vexical satitis, etc. requiring medical treatment for about 21 days, and thus, it cannot be deemed that there exists a causal relationship between the Defendant’s assault and the above injury

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the following: (a) the Defendant made a confession on the facts of assaulting the victim against the judgment of unfair sentencing; (b) the Defendant, as the mother of the victim, committed the instant crime due to infertility between his family members; (c) the Defendant was the first offender who has no criminal power over the age of 70 years; and (d) the Defendant’s economic situation is not good; and (e) the Defendant’s punishment ( fine of KRW 700,000) imposed by the lower court is excessively unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below in light of the evidence duly adopted and examined by the court below as a whole, namely, ① the victim stated in the investigative agency and the court of the court of the court below that “the victim was exposed to the face of the victim by drinking at the entrance corridor of the building E, which is located adjacent to the Dama-gu, Changwon-si, Changwon-si, Mapo-si, Seoul around March 14, 2013, and the victim went out of the above building even though the victim avoided the defendant and went out of the above building, the victim was able to take a bath and breath, and the victim was pushed back to the ground floor of the above building, and the victim was pushed up with the outside of the above building and the road.” ② The victim stated in the investigative agency and the court of the court of the court of the court below to the effect that the victim’s body was in contact with the victim.”