(영문) 수원지방법원 2019.05.30 2018노8328 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.05.30 2018노8328

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim of a mistake of facts (as to the acquittal portion of the reason) made a concrete and consistent statement from the investigative agency to the original trial, the defendant's assaulted himself/herself as stated in the lower court, D and H also made a statement consistent with the victim's statement in major contents, and submitted as evidence, this part of the facts charged was sufficiently proven.

Nevertheless, the court below erred by misapprehending the legal principles on the evidence presented by the prosecutor that this part of the charges was not proven.

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (the fine of 300,000 won) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. On June 15, 2017, the summary of this part of the facts charged (the part concerning acquittal in the grounds) is that the Defendant, at around 23:40 on June 15, 2017, drinking together with the victimized couple in Gwangju E-si building F, a house of the injured party, suffered injury that requires approximately two weeks of medical treatment due to thelbow with the victimized party’s head 4-5 assaulted by the injured party in order to have a conflict with his/her spouse G in having his/her her blue with his/her spouse.

B. The court below held that the victim's statement in the investigative agency and the court of the court below stated that the victim's "the defendant assaulted the head part of 4 to 5 times in the elbow" was not inconsistent with the victim's statement in the court of the court below to the effect that it is difficult to believe that the victim's statement in the investigative agency and the court of the court of the court below is different from the victim's frequency and method of assault D, H's statement, and H used "the defendant assaulted the victim twice in the elbbbbow", but it does not coincide with the victim's statement in the court of the court below to the effect that "the defendant committed the victim twice in the elbow part in his hand" and it is difficult to believe that it is different from the victim

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