(영문) 수원지방법원 2017.03.10 2017노405 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.03.10 2017노405

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) The defendant is not guilty of having inflicted an injury upon the victims (in particular, the victims B).

2) The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as a whole, the fact that the Defendant inflicted an injury on the victims by assaulting the victims can be sufficiently recognized.

① According to CCTV images, after the Defendant putting all victims, putting the body and putting the body out actively, the road was pushed out and the part of the victim was pushed out.

Accordingly, the victim B set up against the defendant who has a drinking, and the victim B danced himself.

② Since B was transferred to a hospital immediately after the commission of the instant crime, and was diagnosed as suffering from injuries, such as 119 weeks of credit, scarfs, scarfs, and three cages at the hospital transferred, due to the diagnosis that the injury was inflicted immediately after the instant crime. As such, it is evident that the instant crime was committed.

③ In addition to the instant crime, there seems to be no other circumstance that caused injury to B.

In contrast, the testimony of the witness E is difficult to recognize credibility in light of the fact that the witness knows well the defendant in the police investigation process, and the relationship between the witness and the defendant.

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

2) The fact that the Defendant committed the instant crime during the period of repeated crime and that the Defendant had been punished several times for the same offense is disadvantageous to the Defendant.

On the other hand, the following facts are favorable to the defendant.

The instant crime was committed by the victim G, resulting in the victims and vision in the process of preventing the Defendant from assaulting E.

유사 판례

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