beta
(영문) 수원지방법원 2017.09.08 2017노166

상해

Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B 1) The Defendant should be acquitted on the charge of not guilty on the ground that all the statements made by A, N, and J to the effect that the Defendant misunderstanding of facts inflicted an injury on A are not consistent, and thus, there is no credibility.

2) The sentence of the lower court (an amount of KRW 4 million) that is unfair in sentencing is too unreasonable.

B. According to the prosecutor 1) misunderstanding of facts (a point of injury to Defendant A), B, and H’s statement, Defendant A was found to have inflicted an injury on B by pushing in excess of B.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The lower court’s sentence (Defendant B: the same as above; Defendant A: a fine of KRW 500,000) against the illegal Defendants is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the judgment of the court below and the court below as to Defendant B’s assertion of mistake, i.e., the victim A, from the investigative agency to the trial of the party: (a) “A was put to dance with the Defendant during the carcas, and the N and the Defendant, which were crypted.”

If the injured person does not dyp his/her own or her own with the Defendant, and is n and hyp.

The defendant got out of the victim's face to her will, followed the victim's left side, taken out the chest and side side side, and escaped.

“A relatively consistent statement on the flow of the case to the effect that the case was made (8-9, 70, 76 of the investigation records, 272-275 of the trial records, 275 of the trial records), the above N and at the time.

J’s statement also conforms to this, and part of the Defendant’s statement that the victim was unable to take part in the Defendant’s franchising is consistent with the victim’s statement, and ② immediately after the occurrence of the instant case, the victim was diagnosed by the victim, such as cage cages, etc., which require approximately six weeks of treatment by moving the witness to the hospital immediately after moving the witness to the hospital.