beta
(영문) 서울서부지방법원 2017.12.14 2017노1246

상해

Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, on the rooftop, found the victim D (hereinafter “victim”) and the rooftop entrance door opened and opened, was fluored with each other, and the victim was examined on the floor, and the victim was fluored with both hands. However, the lower court found the Defendant guilty of the facts charged in this case by misunderstanding the facts, even though there was no fact that the victim’s chest part was pushed down, as indicated in the facts charged in this case, and the victim’s chest part was pushed down.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, i.e., the victim, consistently from the investigative agency to the court of the lower court, consistently went beyond the victim’s chest part by hand.

A statement is made; ② Voluntary accompanying report prepared by a police officer who was dispatched upon the victim’s report stated that “The victim was sucked with rain at the scene and sucked with water, and the victim was assaulted behind the Defendant to open and close the rooftop entrance, and his macks exceeded his clothes, and the victim was able to verify the symptoms of sucking.” The photograph taken at the time also has a sacks of being above the part, such as the victim’s mack and macks (in the investigation record, 5, 9 pages). ③ The victim was hospitalized at G hospital from April 5, 2017 to April 11, 2017, which was the day of the instant case, and the victim was under the victim’s chest’s care on April 11, 2017, and the victim was under the victim’s chest’s care, and the victim was under the victim’s chest’s care.