logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.06.11 2019노2250
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim or detained the victim, such as in the facts charged, and only the Defendant told the victim to do self-injury by himself/herself.

Nevertheless, the judgment of the court below which recognized the injury and confinement among the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. A victim of a judgment on the assertion of mistake of facts or misapprehension of legal principles has made a very concrete and lost statement of damage caused by the assault and confinement of the defendant from the police to the court of the original trial, and the explanation of the situation also is reasonable.

In addition, the victim visited the hospital on June 14, 2018, after the date of the instant case, and made a statement to the same effect, and submitted a written complaint to the police. In order to examine the details of such report or the above statement by the victim, the victim cannot be seen as making a false statement in order to mislead the defendant.

In full view of the evidence duly adopted and examined by the lower court, including the statement of the victim with credibility, the fact that the Defendant detained the victim by means of using the victim’s face, ship, tacker, tacker, tacker, and walking the part of the buckbuck, which requires treatment for about 14 days to the victim, and making the victim not capable of operating the automatic text, can be sufficiently recognized.

Therefore, the judgment of the court below is just and acceptable, and contrary to the defendant's assertion, there is no error of law by misunderstanding facts, or by misunderstanding the legal principles as to the crime of bodily injury and confinement, which affected the conclusion

This part of the appeal by the defendant is justified.

arrow