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(영문) 대전지방법원 2019.11.28 2019노455

상해등

Text

Defendant

All appeals filed by both B, C and D and the prosecutor against the Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) The summary of the assertion of mistake of facts did not inflict an injury on the victim D or C. (2) The summary of the argument of unfair sentencing is too unreasonable that the sentence imposed by the lower court on Defendant B (2,50,000 won of fine) is too unreasonable.

나. 피고인 C, D 1) 사실오인 주장의 요지 피고인 C는 피해자 H에게 상해를 가한 사실이 없다. 피고인 C는 손톱으로 피해자 B의 목을 할퀸 사실이 없고 피고인 D는 입으로 피해자 B의 어깨를 문 사실이 없는바, 피고인 C, D는 공동하여 피해자 B에게 상해를 가한 사실이 없다. 2) 양형부당 주장의 요지 원심이 피고인 C, D에게 선고한 형(피고인 C 벌금 4,000,000원, 피고인 D 벌금 1,000,000원)은 너무 무거워서 부당하다.

C. Prosecutor: In full view of the evidence submitted by the prosecutor, such as the victim E and C’s statements of the victim E and witness, the injury diagnosis statement, photographs, etc., the court below held otherwise that the facts charged in the instant case were guilty, despite the fact-finding that Defendant A inflicted an injury on the victim E and assaulted the victim C, is erroneous in the misapprehension of facts.

2. Determination

A. The lower court, based on its stated reasoning, found Defendant B guilty of the instant facts charged that Defendant B inflicted each injury on the victim D and C, on the grounds of the circumstances indicated in its reasoning.

Examining the reasoning of the lower judgment in a thorough manner with the record, the lower court’s determination is justifiable.

Therefore, the judgment of the court below cannot be said to contain an error of mistake as alleged by Defendant B.

B. The lower court, based on its stated reasoning, found the facts charged in the instant case that Defendant C inflicted an injury on the victim H, and Defendant C and D jointly inflicted an injury on the victim B.