(영문) 춘천지방법원 2018.11.16 2018노836 | 리걸엔진

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(영문) 춘천지방법원 2018.11.16 2018노836

특수상해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of a special injury on April 13, 2018, there was no misunderstanding of the fact that the injured party’s flabeds the glass cup, and the refusal to leave on April 17, 2018, the victim flabs together with the victim flabs. In the case of a damage to special property on May 17, 2018, the victim flabs the victim flabs itself. In the case of a residential intrusion on May 21, 2018, the victim flabs the door in a state where the police flabs the Defendant’s flabs the Defendant’s flabs.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. On April 13, 2018, the Defendant asserts that, in the case of a special injury to the victim on April 13, 2018, the victim’s injury continued to be clicked with the victim, the victim’s clocked to avoid the clock of the Defendant, and thereby, the victim clicked with the victim.

However, the following facts and circumstances acknowledged by the evidence duly adopted in the court below and the court below, namely, ① the defendant led to the confession of all the crimes of this case, including the above special injury, at the court below, ② the defendant asked the defendant about the victim in the currency with the victim that "the victim was in conformity with the internal head cup," thereby recognizing the special injury crime of this case even to the victim; ③ the victim was under the influence of alcohol at the time of the crime, ③ the victim seems to have been under the influence of alcohol at the time of the crime, or the victim was "duplicated because he was in accordance with the favorable cup, so the spirit was broken up after the crime was committed."

“The statement made to an investigative agency is specific and consistent, and ④ The victim at the time of committing the first-aid service activity drawn up on April 13, 2018 is deemed to have been in a superior position to the defendant at the time of committing the crime.

(5) The fact that it appears to be the statement, and the fact that it is confirmed by pictures and first-aid services.

유사 판례

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