(영문) 서울남부지방법원 2021.01.19 2020노2256

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2021.01.19 2020노2256

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the part of the facts charged in the instant case, Defendant (1) did not have the victim, but rather had the victim. However, there was no intention of assault on the part of the instant facts charged.

(2) The sentence of the lower court (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake as to the facts, the Defendant did not have assaulted by having the victim’s head through the “investigative Agency”, and in the process of using the fashion and returning to the next place in the state of harmony, the fashion was in line with the victim’s head, and thereafter, left the fashion on the floor.

Whether the statement of the victim was not recognized by the statement "(110 pages of the evidence record)" and the victim's statement was made at the victim's head.

The prosecutor’s question is that the victim’s memory can be more accurate if the victim so speaks because the victim had a lot of interest in memory to memory that is not part of the prosecutor’s question.

I think.

I would see the mistake.

“(The 112th page of the evidence record)” was stated as “(the 112th page of the evidence record)”, and in an investigative agency, the victim would have the victim locked.

the victim's refusal to do so

The defendant continued to put the defect and threatened it through a method, and the victim's refusal to continue to do so.

In addition, the head was at the price of the head(45 pages of the evidence record) and continued to be a locked.

In the process of refusing to talk, the Defendant made a statement that “the Defendant called “ while citing and threatening coffee sets” (46 pages of evidence records) and the Defendant’s statement in the court of original instance was sufficient in full view of the following facts: (a) the Defendant intentionally abused the victim’s head by navigation.

유사 판례

-의정부지방법원 2018.04.09 2018노84

-대구지방법원 2018.07.05 2017고단5321

-서울중앙지방법원 2017.04.20 2016노5450

-부산지방법원 2017.10.26 2017노2559

-대구지방법원 서부지원 2016.03.24 2016고단78