logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.09.15 2016노2659
특수상해
Text

Defendant

B All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of the facts or misapprehension of the legal doctrine, Defendant B, at the end of the dispute at the time indicated in the facts charged, went to the house of A in order to find a live-in F, and Defendant B did not open a door to look at the house, but did not find F.

Since then, "I will drink a person who is her or her parent and drink."

“The Defendant B suffered a flow of skins in the vicinity of snow, as it saw A’s own ethic ethic ethic ethic ethic ethic ethic ethic e.g., Defendant B.

Defendant

B only has been under the influence of A, and in the process, there is no fluoring and skeing the two arms of A as described in the facts charged.

On the other hand, there was a fact that Defendant B 1 was feld with the upper body, even though he had the characteristics that he was easily deprived of the parts of the upper body.

Even if so, it was not possible to expect that the part may be off and the part may be off.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding Defendant B guilty of the facts charged.

2) The sentence sentenced by the lower court is too unreasonable.

B. The prosecutor (Defendant A) testified in the first instance trial at the time of the lapse of five months from the date of the occurrence of the case as well as the brain stroke.

In light of these circumstances, there are parts of lack of consistency in B’s statements.

Even if the entire B's statement is not reliable, it cannot be said that the entire statement is not reliable.

Defendant

In full view of the circumstances such as the legal testimony of A and the time of police reporting that there is no possibility for B to do harm to B’s residence, etc., Defendant A may fully recognize the fact that she was faced with B’s left eye by using the instant cup, which is a dangerous object as described in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts, thereby having acquitted Defendant A of the facts charged.

2. Determination.

arrow