beta
(영문) 서울중앙지방법원 2018.11.22 2017노2802

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of self-injury on September 21, 2018, the Defendant (the crime of self-injury on October 5, 2016 of this case) committed on September 21, 2018 through the written appeal by the Defendant on September 12, 2018, the fact that the reason for the crime was different from the fact (i.e.,, the reason that the injured person, who had sexual intercourse with the victim, did not take the demand of the Defendant), was recognized, and the Defendant asserted to the effect that the crime of intimidation was also recognized. Accordingly, the Defendant asserted that the crime of intimidation of this case was also recognized. As such, each of the crimes of this case was alleged to be erroneous only for the crime of self-injury on October 5, 2016 of this case.

With respect to the crime of self-injury on October 5, 2016 of this case, the injured person, as described in this part of the facts charged, hedging against the Defendant.

On the ground that he speaks, he did not commit an act of cutting the victim's timber with one hand, putting the victim's face into the victim's body 4 through 5 times with another hand, leaving the victim's face over the room and breaking the victim's body.

B. The prosecutor’s sentence (unfair sentencing) of the lower court (two years of suspended sentence in the month of imprisonment with prison labor, 80 hours of community service order, seized evidence No. 1) is too uneased and unreasonable.

2. Determination

A. The evidence duly adopted and examined by the lower court as to the Defendant’s assertion, namely, the evidence duly adopted and examined by the lower court, namely, the victim’s specific and consistent statement from the investigative agency on October 5, 2016 to the lower court’s trial on the method and motive of the crime of self-injury, content of damage, etc., and the victim’s detailed and consistent statement, the medical certificate of injury, the upper part of the body, and the Defendant’s photograph on October 5, 2016, which, immediately after committing the crime of injury to the victim, requested the victim to assist at a nearby convenience point, following the CCTV images, the Kakao Stockholm to take the victim’s photograph, and the statement of F that was contacted by the victim after committing the crime of self-injury on October 5, 2016.

on the ground that he said that he did not know, the injured party.