beta
(영문) 대구지방법원 2013.10.31 2013노1456

상해

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The sentence of the defendant shall be imposed against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not assault the victim, and the victim took clothes back after the defendant intending to go to the office, and the defendant returned to his her flaps and flaps, and only flabed the defendant's flab.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. A. In the judgment of ex officio, the defendant's name of the crime was "influence by violence" and the applicable provisions of law are "Articles 262, 260 (1), and 257 (1) of the Criminal Act" and the defendant's application for amendments to a bill of amendment was filed as stated in the facts charged after the trial. Since this court's permission was changed, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope of the changed facts charged despite the above reasons for reversal of authority, and this is examined below.

B. The following facts or circumstances are acknowledged according to the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts.

① The victim consistently stated, from the investigative agency to the court of the court below, that “the victim was injured by the victim’s body, such as cryp, etc., where the victim was faced with the victim’s left chest, while returning back to the victim’s body, and the victim took head debt of the victim.” The victim also took off the victim’s head debt and fry against this, and the victim was pushed back with the victim’s head debt.”

2. F also goes back to the defendant who is sleeped after the defendant's clothes that the victim intends to take an office in the police.