beta
(영문) 청주지방법원 2018.02.21 2017노1189

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is that the Defendant, as he supported by the tree, prices the part of the victim’s face at one time. However, there is no fact that the Defendant, by drinking, does not support the victim’s face or walking a part of the victim’s face due to his appearance, and is irrelevant to the Defendant.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. The summary of the facts charged in this case, which the court below found guilty, is as follows.

On September 26, 2014, around 02:06, the Defendant: (a) around 02:06, the victim E (the 40-year-old) who fested alcohol together in C Apartment C Apartment, had, without any justifiable reason, displayed a tree bed part of the victim, which is a dangerous object at the relevant location, once, and went beyond the victim's face at one time; (b) had the victim's face by drinking in several times; and (c) had the victim walking from the victim's face, and had the victim injured the victim, such as internal rupture on the number of days of treatment.

3. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, found the following circumstances, namely, ① the victim had a drink F and alcohol at D sperm on the day of the instant case, and subsequently, the number of men who seem to be 30 days thereafter did so.

술에 취하여 정자에 누워 있는데, 30대로 보이는 남성이 아무런 이유 없이 나무를 휘두르고, 주먹으로 피해자의 얼굴 부위를 수회 때려 바닥에 넘어뜨린 다음 발로 얼굴을 걷어찼다.

After that, F consistently made a statement to the effect that F took 119 to the hospital, and that the left body of the snow was too deep, and eventually recovered the safe tool. ② The statement of witness F and the CCTV contents at the time of this case, and immediately after this case.