(영문) 수원지방법원 2013.04.18 2012노5419 | 리걸엔진

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(영문) 수원지방법원 2013.04.18 2012노5419

상해

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant made a mistake of fact against the victim, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim consistently stated in the investigative agency that the defendant and the defendant met with the body of the defendant, such as the left eye and the body of the defendant. The defendant also stated in the investigative agency that he was at the time of the victim's face with the hand floor and made a consistent statement with the part of the victim's bodily injury part, and ii) the victim's injury diagnosis report and photograph coincide with the victim's statement. In full view of the following circumstances, the defendant can sufficiently be recognized as having inflicted bodily injury upon the victim as stated in the judgment of the court below. Thus, this part of the defendant's allegation is without merit.

B. In full view of the circumstances leading to the instant crime, the Defendant’s age, character and conduct, environment, circumstances after the instant crime, etc., and all of the sentencing conditions indicated in the records and arguments, including the following: (a) the Defendant agreed to waive the claim for medical expenses between the victim and the victim even though he suffered more severe injury than the victim due to the instant case; (b) the Defendant retired from the workplace accompanying the instant case; and (c) the Defendant has no specific criminal record; and (d) the Defendant’s health is not good.

3. If so, the defendant's appeal is justified.

유사 판례

-수원지방법원 2013.11.07 2013노2056

-부산지방법원 2016.10.06 2016노2624

-수원지방법원 2016.10.14 2016노2408

-서울고등법원 2013.01.15 2012노3287

-서울중앙지방법원 2013.05.24 2013노1073