(영문) 광주지방법원 2018.05.16 2018노476 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2018.05.16 2018노476

상해등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the court below acquitted the victim of this part of the facts charged, which is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. On August 7, 2017, the Defendant: (a) around 10:05, at the D senior citizens’ hall equipment in Gwangju-gu, Gwangju-gu, the head of the center for senior citizens, sealed the victim E, the head of the center for senior citizens; and (b) took one-time part of the parts of the victim’s bones, thereby causing injury to the victim, such as cages and tensions that require treatment for about 14 days.

2) The lower court’s determination comprehensively based on the following circumstances acknowledged by the evidence adopted by the lower court, i.e., (i) the victim had already undergone outpatients from the military hospital and the military hospital for a long time prior to the instant case; (ii) the victim did not undergo any additional prescription and did not receive any other treatment than the prescribed prescription because it was not necessary for the victim to take other drugs than the drugs being taken by being prescribed in the veterans hospital, and did not have any other treatment; and (iii) the victim’s photographs taken immediately after the breadth were not discovered in the body part of the victim’s injury taken by the prosecutor, based on the evidence submitted by the prosecutor, it was proved that there was no reasonable doubt that the victim suffered bodily integrity or a climatic disorder due to the Defendant’s assault, and there was no other physical injury that the victim suffered from the harm caused by the Defendant’s physiological function.

The lower court acquitted the Defendant on this part of the facts charged on the ground that it is insufficient to view it, and that there is no evidence to acknowledge it.

3) Examining the above facts in light of the records of the above deliberation, we affirm and affirm the judgment of the court below as just.

유사 판례

-광주지방법원 2018.01.23 2017고정1355

-대구고등법원 2018.02.22 2017노621

-서울중앙지방법원 2018.05.25 2018노30

-광주지방법원 2017.08.17 2016노4089

-광주지방법원 2018.05.16 2017노3921