beta
(영문) 인천지방법원 2016.04.07 2015노3236

상해등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인( 상해의 점) 피고인은 A의 폭행을 피하는 과정에서 A이 쓰고 있던 마스크를 벗겼을 뿐 안면부를 할퀸 사실이 없고, A의 병명도 형법상 상해에 해당하지 않으며, 설령 피고인이 A에게 상해를 가했더라도 이는 A의 폭행을 막는 과정에서 발생한 정당 방위에 해당한다.

B. The sentence sentenced by the court below to the defendant (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Before the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act to "Article 284 and Article 283(1) of the Criminal Act" as the "special intimidation" among the names of the crimes against the defendant in the trial at the trial at the trial at the trial at the trial at the trial at the court, and applied the applicable law to the defendant was changed to "Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" and this Court permitted the change to the subject of the judgment at the court, and thus, this part of the facts charged and the remaining injuries that the court below found guilty were concurrent crimes under Article 37 of the Criminal Act, and thus, the part of the judgment below against the defendant cannot be maintained in its entirety.

However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. Judgment on the assertion of mistake of facts

A. On March 23, 2015, the Defendant: (a) stopped his/her vehicle on the side near the Seo-gu Incheon metropolitan Highway, Seo-gu, Incheon; (b) brought about a conflict with himself/herself with the victim A (36) who loaded his/her vehicle along with him/her; and (c) was punished for trial expenses, the Defendant caused the victim’s injury to the victim, who was quih to the victim’s right-hand buck with the victim’s right-hand buck, after the flue of the flue, after the flue of the flue in the number of days of diagnosis.

(b) Determination of the Committee’s deliberation;