beta
(영문) 전주지방법원 2019.10.16 2018노1502

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted, such as the statements by the victim B, the written diagnosis of injury, medical records, CCTV images, etc., the court below acquitted the victim of this part of the facts charged, even though the defendant could have found the fact that he had inflicted bodily injury on the victim, such as undermining her head cover, which requires approximately two weeks medical treatment, by considering the victim’s disease as be beer, by mistake of facts and misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unjustifiable and unreasonable.

2. Determination

A. On September 14, 2017, the summary of this part of the facts charged was determined as follows: (a) on September 14, 2017, the Defendant 1: (b) while drinking alcohol on the main points operated by D in Yansan-gu, Yansan-si; (c) resisting the drinking value problem; (d) the victim B (Nam, 48 years of age) was able to take a bath at two times due to beer disease, which is a dangerous object at the scene; and (e) the escape of the victim was her escape after the victim followed the victim; and (e) the victim was suffering from injury, such as damage, which requires treatment for about 14 days. Accordingly, the lower court found the Defendant not guilty of the Defendant on the ground that it was difficult to view the victim’s injury as being carried with the beer’s disease, which is a dangerous object; and (b) on the ground that the victim’s photograph was not sufficient to confirm the victim’s injury on the day he made a statement.

3. We examine the judgment of the court below, based on the evidence duly adopted and examined by the court below on the circumstances stated by the court below.

참조조문