(영문) 인천지방법원 2013.11.21 2013노2057 | 리걸엔진

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(영문) 인천지방법원 2013.11.21 2013노2057

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) (in fact-finding and the defendant) only told the victim and G to commit an assault against the victim, and did not inflict an injury on the victim, together with C.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

In addition, the sentence of the court below (the fine of 4 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and examined the argument of mistake of facts: (i) the victim made a statement that he suffered bodily injury from the Defendant and C consistently from the investigation stage to the court of the court of the court below; (ii) at the time of the investigation conducted by the police, the police stated that it was difficult for the Defendant to have fighting with the victim at the time of the investigation conducted by the police that the Defendant had been assaulted by G; (iii) the Defendant and the victim made a fighting in the state of mutual interest at the time of the investigation conducted by the prosecutor; (iv) the Defendant appeared as a witness at the trial and made a statement that the Defendant and the victim were able to kill each other; and (v) the victim's statement unilaterally was consistent with the victim's above statement; and (iii) the victim was hospitalized with the diagnosis by the hospital on the day of the instant case, and (iv) the victim could not be found to have suffered bodily injury due to other causes, taking account of the fact that the victim reported the instant fighting by telephone and reported the instant facts charged.

Therefore, the defendant's above assertion is without merit.

B. The degree of damage of this case on the assertion of unfair sentencing is considerable.

유사 판례

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