(영문) 창원지방법원 2017.11.23 2017노1783 | 리걸엔진

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Reasons

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(영문) 창원지방법원 2017.11.23 2017노1783

상해

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the statement and written diagnosis of the victim of mistake of facts, the defendant can be recognized as having inflicted an injury on the victim, such as a spathal of the baby, by breaking the victim's face and breaking it by hand.

B. The sentence sentenced by the lower court to the Defendant (a sum of KRW 1.5 million) is too unhued and unfair.

2. Determination:

A. On January 10, 2015, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) at G Hospital located in F in C in C in Camyang-si on January 17:10, 2015, sent the victim’s face one time by hand and divided the victim’s face by hand; (c) and (d) the victim suffered an injury to spawn and spatha, where the necessary number of days of treatment is flooded by the number of days of treatment.

2) The lower court’s judgment: (a) comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated, namely, ① the victim was not only good before the occurrence of the instant case, but also asked the part of the Defendant’s bridge on the day of the instant case, etc., and the victim seems to have caused injury as stated in the facts charged; and (b) the victim alleged that he was relieved of the body; (c) the victim was at the following day of the instant case; (d) even when the victim was hospitalized at the hospital, he did not immediately receive medical treatment; and (e) the victim was receiving medical treatment on January 16, 2015, which was five days after the date when he was hospitalized at the hospital; and (e) the evidence submitted by the prosecutor alone proves that this part of the facts charged is beyond reasonable doubt.

It is difficult to see otherwise, and it was found not guilty of this part of the charges on the grounds that there is no evidence to prove otherwise

3) In addition to the above circumstances revealed by the lower court’s judgment, the following circumstances acknowledged by the above evidence, namely, ① the Defendant’s assault stated in this part of the facts charged, is the victim.

유사 판례

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