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(영문) 인천지방법원 2019.09.26 2018노4111

폭행치상

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below that found the Defendant guilty of this part of the facts charged, even though the Defendant did not have committed an offense against the victim, is erroneous in misunderstanding of facts. 2) The punishment (one million won of a fine) sentenced by the court below of unfair sentencing is too unreasonable.

B. In full view of the investigation report by the police officer of the dispatch of the victim and witness, the victim's statements, and the victim's photographs, etc., the prosecutor 1 of the court below found the defendant not guilty of this part of the facts charged even though the victim was found to have suffered from a chest pressure pressure 10 weeks of medical treatment due to the defendant's assault, there is an error of law of mistake of facts. 2) The above sentence sentenced by the court below of unfair sentencing is too uneasible and unfair.

2. Determination

A. The part concerning the defendant's assertion of mistake of facts (the guilty part in the original trial) also made the same assertion in the original trial, and the court below rejected the defendant's assertion on the grounds as stated in its reasoning. In light of the evidence duly admitted and examined by the court below and the contents of the reasoning of the court below, the above judgment of the court below is just and acceptable, and the judgment below does not seem to have

Therefore, this part of the defendant's argument is without merit.

B. The lower court’s judgment on the part of the prosecutor’s assertion of mistake of facts (the part of acquittal in the original trial) 1, which states that the written diagnosis submitted by the victim was issued on April 27, 2017 after the lapse of one month or more from the instant case, and that the victim was hospitalized on the same day after the diagnosis on April 20, 2017, and that the written diagnosis was stated as being “the victim’s pressure pressure pressure pressure frames, 8, 9, and 12, and was “the pressure pressure frame of the chest-sup and chest supposed” in the above written diagnosis, and that the pressure frame of the diagnosis itself was already the name of the diagnosis.