(영문) 울산지방법원 2019.02.15 2018노1098 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2019.02.15 2018노1098

특수상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts in the judgment of the court below: (a) although there was a dispute between the victim and the victim at the time and place specified in paragraph (1) of the crime as stated in the judgment of the court below; (b) the date and time specified in Paragraph (3) of the crime as stated in the judgment of the court below; and (c) the victim was injured while making a verbal dispute with the victim, but there was no other injury, but the victim was detained or threatened with the victim. Nevertheless, the judgment of the court below which convicted this part of the facts charged was erroneous by misunderstanding the facts, which affected the conclusion of the judgment, and misunderstanding of the judgment of the court below that found the defendant guilty of this part of the facts charged, it is unfair that the sentence of unfair sentencing (a punishment of imprisonment with prison labor for the crime No. 1

B. The court below found the defendant not guilty on the ground that it was insufficient to recognize that the defendant forced to open the front door that was corrected and infringed upon the victim's residence solely based on the evidence submitted by the prosecutor. However, according to the victim's statement, the results of the inquiry inquiry into K, L transmission details, etc., the defendant opened the front door by means of entering the victim's knife knife and knife the victim's knife at around 08:57, and then cancelled the double knife installed inside the front door by using drife at around 09:54, and then sufficiently recognized the fact that the victim's knife knife had intruded the victim's residence, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court concerning the crime of special injury under paragraph (1) of the crime committed in the judgment of the lower court as to the Defendant’s assertion of mistake of facts.

유사 판례

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-서울북부지방법원 2017.05.25 2016노2567

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