(영문) 서울북부지방법원 2016.01.14 2015노2000

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.01.14 2015노2000

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant committed assault against the victim E at the time and place stated in Paragraph 1 of the crime committed in the judgment of the court below. However, the victim was aged, and the victim was sick, and thus, there was no causal relation between the Defendant’s act of assault and the victim’s bodily injury, etc., the court below convicted the Defendant of this part of the charges by misunderstanding the facts.

2) The Defendant was guilty of this part of the facts charged on the ground that there was an assault by the victim F and G as stated in paragraph (2) of the facts charged in the lower judgment, and there was only a fact that he did not assault the victim F and G as stated in paragraph (2), at the time and place indicated in paragraph (2) of the facts charged in the lower judgment.

B. At the time of committing each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(c)

The punishment sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact: (a) The following facts acknowledged by the evidence duly adopted and investigated by the lower court; (b) the victim E knew the fact of injury to the custodian H immediately after the victim was killed by the Defendant; and (c) the victim immediately reported to the 119 first aid unit; (d) the victim appears to have not been aware of the awareness at the time of moving to the hospital; (e) the victim recovered consciousness to the K Hospital via the “K Hospital” and the “J Hospital,” but the victim recovered the awareness at the “K Hospital,” taking into account the fact that he was receiving treatment of symptoms of cerebrovassis by hospitalization in the patient room, it can be sufficiently recognized that there was a causal relationship between the victim’s injury and the Defendant’s act. Accordingly, the Defendant’s assertion of mistake of fact in this part is groundless.

2) According to the evidence duly admitted and examined by the lower court, the Defendant rendered a judgment in the lower court.

유사 판례

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