beta
(영문) 서울남부지방법원 2015.12.11 2014노2142

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In the facts charged in this case, the Defendant of mistake of facts did not price C’s face with his arms as stated in the facts charged in this case, and only C took a view, sound, and interfere with work and thereby interfered with the house, and even C took the Defendant’s boom, it is nothing more than C with each other.

In addition, injury that C suffered also is irrelevant to this case.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of a fine of one million won imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court below, ① the victim C has consistently made statements that correspond to the facts in the instant case since the investigative agency to the court below's trial, ② the C has been diagnosed with scarcitys, scarkes, scarkes, and scarkes on the day of the instant case at G long-term care hospital on July 23, 2014, and ③ the Defendant also has recognized the fact that he was pushed down with C, and in full view of this, the facts charged in the instant case are acknowledged.

Considering the fact that the Defendant alleged that there was no fact in the elbow price with the arms, and the witness H made a testimony consistent with the Defendant’s above argument, however, there is also a possibility that H did not regard the elbow price as the elbow price part, and that there is a type of elbow part in the injury diagnosis document, it is difficult to accept the above assertion by the Defendant.

In the end, this part of the defendant's assertion is without merit.

B. Taking into account the circumstances such as the fact that the Defendant’s history of the punishment of unreasonable sentencing is up to eight times, and denies the crime up to the trial of the case, C.