(영문) 전주지방법원 2020.12.22 2020노1316 | 리걸엔진

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(영문) 전주지방법원 2020.12.22 2020노1316

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case of mistake of facts, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (the fine of 500,000 won) is too uneasible and unfair.

2. Determination:

A. On January 24, 2019, at around 07:30 on January 24, 2019, the Defendant: (a) at the C office located in Gunsan-si, the summary of this part of the facts charged: (b) around 07:30, the Defendant: (c) at the C office located in B office located in Gunsan-si; (d) the victim D entered the said office following the Defendant; and (e) the entrance was fasted up three times to the victim so that the entrance was shocked by the victim’s head; and (e) the Defendant inflicted injury on the victim’s head by causing approximately two weeks of medical treatment. (b) The lower court determined that the lower court: (c) comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is difficult to believe the victim D’s legal statement as it is; and (d) the evidence submitted by the prosecutor alone sufficient for the victim’s head to remove the entrance and exit at the time and place;

In addition, it is insufficient to conclude that the victim suffered injury to brain-dead in which there are no two or more open addresses, and there is no other evidence to acknowledge this, and thus, the defendant was acquitted. The victim stated that the victim was not guilty on the ground that the victim was not guilty of the injury to brain-dead in the date, time, place, and the office as indicated in the judgment of the court below. The victim was found to have entered the entrance into the office at the time and place as indicated in the judgment of the court below, the defendant was faced with head by the opening of the entrance, and the victim was unable to drive another door or open the body of the victim, and during that process, the victim suffered injury to brain-dead in need of two weeks of medical treatment, such as the injury diagnosis statement.

However, the victim is in the situation at the time of the case.

유사 판례

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-서울북부지방법원 2019.07.25 2018고단5228

-제주지방법원 2013.12.18 2013고정953

-서울남부지방법원 2017.09.01 2016노1436