beta
(영문) 서울고등법원 2018.04.25 2018노207

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts and misunderstanding of sentencing) 1) Fact-misunderstanding (the point of special injury, conviction part) is found in the defendant's office, and the defendant demanded the victim who had been urged to pay his/her debts to get out of his/her house and there was a physical fighting between the victim and the victim while he/she got vagabonds, and there is no fact that the defendant sustained the victim's injuries because he/she had the victim's own interest.

Nevertheless, the court below erred by misunderstanding the fact that the court below found the charge of special injury guilty.

2) The sentence of the lower court (two years of suspended sentence for one year of imprisonment, and one hundred and sixty hours of community service) against an unfair defendant in sentencing is too unreasonable.

B. According to the prosecutor (misunderstanding of facts and improper sentencing)’s misunderstanding of facts (the point of special intimidation, the point of innocence) and the victim’s reliable statement, the defendant may be found to have taken the kitchen knife and threatened the victim.

Nevertheless, the court below erred by misunderstanding the fact that the court below acquitted the charges of special intimidation.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The judgment of the court below also asserted as to this part, and the court below is too minor to deem that ① the statement in the court of the court below held by police officers E, who were dispatched at the time, and ② the victim’s injury injury part and degree are suffered by the victim’s direct price per the victim as the defendant’s assertion.

It is difficult to conclude that the statement made by the victim is credibility on the basis of the fact that the victim's defect in 112 immediately after the instant case gets married to his/her own house and the defendant gets married to his/her family.

Then, this part of the facts charged was found guilty.

B. The evidence duly adopted and examined by the original court and the appellate court along with the aforementioned circumstances that the lower court properly announced, as well as by the argument in this case.