(영문) 수원지방법원 2017.11.27 2017노2707 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2017.11.27 2017노2707

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant (1) guilty of all the facts charged of the instant case even though the Defendant’s misunderstanding of the facts is low in the victim’s head due to the main illness, but the Defendant did not have the victim’s chest due to the shoulderer disease. However, the lower court erred by misapprehending the legal doctrine.

(2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts, the lower court can sufficiently recognize the Defendant’s satisfying of the victim’s chest due to the satisfying of the victim’s head.

Therefore, the judgment of the court below that found all of the facts charged in this case guilty is just, and there is an error of law by misunderstanding facts as pointed out by the defendant and affecting the conclusion of the judgment

Therefore, this part of the defendant's assertion is without merit.

(1) At the time of the instant case, it was concluded that the victim was at a glass disease price on the upper part of the chest in the place of emergency activities prepared by a fire officer who has taken emergency measures against the victim at the time of the instant case.

in writing.

② The head of the victim stated that the upper part of the victim’s chest was highly depthed on the bones of mosn, so that it could only be caused by a knife knife with a strong knife.

3. Ldoes who have observed the case “Astrest and satisfast”

The head of the Gu shall be broken and brued.

“The 112 Report was made to the effect that it was “,” and the above report contains a summary of the Defendant’s conduct, and specifically, the witness made a statement by exaggerationing the situation.

There are no circumstances to consider.

(4) Cases.

유사 판례

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