(영문) 서울북부지방법원 2016.09.22 2016노802

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.09.22 2016노802

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, did not have inflicted an injury on the victim by assaulting the victim as stated in the facts charged of this case, and there was no fact that the victim's cell phone was collected on the floor and damaged, and the victim only suffered an injury by self-harm by doing so.

Nevertheless, the court below found the defendant guilty of each of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if a crime of inflicting bodily injury or damage to property is established against an illegal defendant in sentencing, the sentencing of the lower court (2 million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the court below as to the assertion of mistake of facts, the court below duly adopted and examined the evidence and the evidence and found by the evidence, namely, the victim's statements at investigation agencies and court of the court below are highly reliable and consistent, the victim's upper part of the victim's cell phone photograph (Evidence No. 11, 44-46 pages), the victim's photograph (Evidence No. 22-29 pages), the victim's photograph (Evidence No. 22-29 pages), the victim's diagnostic report (Evidence No. 42 pages of the Evidence No. 42 of the Evidence No. 42), and the reproduction result of each CD video taken by the victim and witness F at the time, consistent with the victim's statement and supported the credibility of the victim's statement, the court below's judgment of each of the facts charged of this case is justified and it is not erroneous in the misapprehension of facts affecting the conclusion of the judgment as alleged by the defendant.

Therefore, the defendant's assertion of mistake is rejected.

B. As to the wrongful argument of sentencing, the circumstances such as the Defendant’s old age are considered.

유사 판례

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