(영문) 서울북부지방법원 2015.04.29 2015노344

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(영문) 서울북부지방법원 2015.04.29 2015노344

폭행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant only defended that he would be the wheels of the victim, but did not have the intention of assault, and the injury of the victim (the blood pressure and the sacrific sacrific sacrifties) was merely an expansion of the king evidence.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of the first instance court’s decision on the assertion of mistake of facts and the evidence duly examined by the first instance court, if there are special circumstances to deem that the first instance court’s decision on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if the first instance court’s decision on the credibility of a statement made by a witness of the first instance is clearly unreasonable in view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time the arguments were concluded, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision.

(1) The court below's decision that recognized the defendant's intentional assault and the injury of the victim is justified, in light of the following additional circumstances: (a) the victim continued to be a restaurant employee after entry into the Republic of Korea in 2005 and is unable to engage in income activities in the medical care center after the occurrence of the case; and (b) the victim's statement can be deemed as reliable; and (c) the court below acknowledged the victim's intentional assault and the injury to the victim as a result of the victim's bodily injury in support thereof.

Therefore, the defendant's assertion is not accepted.

(b).

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

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