logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.16 2015노5066
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant and the victim guilty of all the facts charged of this case, although there was a misunderstanding of facts and a dispute between the defendant and the victim, and there was no such a fact as described in the facts charged of this case. The court below erred by misunderstanding of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined as to the assertion of factual mistake, namely, ① the victim has consistently made a statement to the effect that, from the investigative agency to the court of the lower court, “the Defendant was in fighting with the Defendant’s body while fighting with the Defendant, was shaking and shaking the victim’s breath, was sponsed, and the victim was faced with the Defendant’s head on the floor,” and ② at the time of the instant case

E In a criminal investigation against a witness on the day of the instant case, taking full account of the following facts: “In the course of the instant investigation, when the words were raised, the victim told, and during that investigation, the Defendant got her breast part of the victim’s breast part, and the Defendant made the above statements in detail immediately after the instant case, the witness made the above statements, which were more reliable than the statement in the witness investigation on February 25, 2015; ③ the victim was treated immediately after the instant case; ③ the victim was found in the hospital after the instant case; and the victim was treated as a substitute for the injury claimed by the victim; and the victim’s parts and degree of the injury coincide with the details of the injury claimed by the victim, it can be recognized that the Defendant spathn and spathned with the victim, and spread them, and the Defendant inflicted the injury on the victim by spreading the victim’s chest part.

Therefore, this part of the defendant's argument is justified.

arrow