(영문) 수원지방법원 2016.08.11 2016노4047 | 리걸엔진

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(영문) 수원지방법원 2016.08.11 2016노4047

특수상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

On October 21, 2015, the Defendant: (a) did not get off the part of the Victim C’s processed liversa; (b) on October 21, 2015, around 21:50 on the same day, the Defendant did not sell both of the victims to Be lives; and (c) on October 27, 2015, around 10:00 on October 27, 2015, the Defendant did not put the lives on both sides of the damaged.

Nevertheless, the lower court found the Defendant guilty of all the facts charged of the instant case, thereby erroneous.

In light of the fact that the illegal defendant's error in sentencing is against the victim and that the defendant agreed to transfer the ownership of the house to the victim and divorce mediation has been reached in the divorce lawsuit with the victim, the sentence of the court below that sentenced 2,00,000 won is too unreasonable.

Judgment

The lower court’s determination as to the assertion of mistake in fact can be found based on the evidence duly adopted and investigated by the lower court, namely, the following circumstances: (i) the victim: (a) around October 21, 2015, around 11:00, as indicated in the facts charged, sold both labels at around 21:50 on the same day; and (b) around 10:0 on October 27, 2015, around 200:

In full view of the following facts: (a) the means and methods of assault and injury; (b) the current situation and the conditions before and after the victim’s statement are consistent and specific; (c) there is no objective and reasonable ground to reject the credibility of the victim’s statement; (b) the reporter’s statement and the photograph taken by the victim and the written diagnosis of injury conforms to the victim’s statement; and (d) the credibility of the victim’s statement can be recognized; (c) the Defendant’s statement, based on the victim’s statement, can sufficiently recognize the fact that both arms and shoulders of the victim are used in a Belgium as stated in the facts charged.

Therefore, the judgment of the court below that found all of the facts charged of this case guilty is just.

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