(영문) 청주지방법원 2015.04.02 2014노1352 | 리걸엔진

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(영문) 청주지방법원 2015.04.02 2014노1352

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts charged of mistake of facts, there is no fact that the Defendant committed an injury, which is a crime No. 2 in the judgment of the court below. The court below convicted the Defendant on the grounds of the victim’s statement without credibility. The court below found the Defendant guilty of the facts charged. The court below erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The court below’s sentence of unfair

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant made the same assertion as that of the Defendant’s assertion of mistake of facts in the original trial (no case where the Defendant was the victim).

The court below rejected the defendant's assertion in detail as to the facts No. 2 in its ruling, and found the defendant guilty of the injury.

The lower court’s aforementioned determination is justifiable in light of the facts and circumstances duly admitted and examined by the evidence, and the following circumstances additionally admitted by each evidence are also justifiable.

(1) In light of field photographs immediately after committing the crime of Article 2 of the judgment below, the appearance of a hole in arms, legs, etc. may be observed in addition to the face of the victim.

(11-13 pages of investigation records) However, in comparison with the victim's photograph (around 35 pages of investigation records) taken following the above field pictures, it can be seen that the victim's eyes and eyes are very rare and low on the following day, immediately after the crime of this case.

As above, the sex and change of the upper part of the snow is clearly distinguishable from the upper part of the arms, legs, etc. which seems to have occurred relatively long ago, and it is strongly inferred that the upper part of the above snow was caused by the crime No. 2 in the judgment of the court below.

(2) The faces of a victim shall be taken by the defendant as drinking to a police officer dispatched at the time.

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