(영문) 청주지방법원 2015.09.10 2015노691 | 리걸엔진

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(영문) 청주지방법원 2015.09.10 2015노691

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With respect to the crime of this case in the course of a mistake of facts, Defendant 1: (a) with respect to the crime of this case in the course of an original judgment of mistake of facts, E, who is a dynamic, knife, and her mother, was injured by D in the course of cutting the knife; and (b) the Defendant did not inflict an injury on D; (c) the Defendant was under the influence of alcohol to commit this case while

3) The lower court’s sentence of unreasonable sentencing (two years of imprisonment or more) is unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The defendant argued that the facts of the defendant were erroneous in the judgment below, and the court below acknowledged the fact that the defendant inflicted bodily injury on the victim D according to the evidence at the time of the original judgment.

In full view of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the defendant can be found to have inflicted a bodily injury on the victim D, such as Paragraph 2, at the time of the original judgment.

① At around 09:05, the day following the date specified in paragraph (2) at the time of the original adjudication, the victim D requested the Social Welfare Center to provide rescue by making an emergency telephone, and at the time the social welfare worker reported the 112 incident, the fact that the victim requested rescue on the ground that “any female elderly knife knife knife knife knife knife.

② E and the victim D stated that “E was the same as Defendant and the victim D at the time of the original adjudication but returned to his house at around 20:00, while E returned to his house at around 20:00, and E did not have any particular dispute prior to leaving the site.”

Victim D has consistently left E in investigative agencies, and stated that the defendant and the defendant drink, while the defendant had a kitchen while living together with the victim, the victim made a statement that he/she had a knife in the kitchen.

3. Examining the CCTV of the above case at the time, E is the time of original adjudication.

유사 판례

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-대구지방법원 서부지원 2015.04.30 2015고단353