logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2018.11.13 2018노134
감금치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, it is sufficiently recognized that the Defendant, jointly with M, inflicted bodily injury on R, such as salt, tensions, etc. in the 2-day treatment of R.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged. The court below erred by misunderstanding the facts.

B. The sentence of the lower court’s unfair sentencing (as indicated in its holding, fines of KRW 10 million for each crime set forth in each of the crimes set forth in 8 months of imprisonment, 2 years of suspended sentence, 2 years of protection, observation, community service order 90 hours, and 2018 high-class 31) is deemed unfair, because the sentence of the lower court is too unreasonable.

2. Determination

A. On September 16, 2017, the summary of this part of the facts charged is that the Defendant, at around 03:40 on September 16, 2017, 1) around M, L, and N, the Defendant laid down the right shoulder of N in front of P in Y in Y, Q (22) the left shoulder in this left shoulder, but did not disappear. The Defendant goes beyond the floor by Q Q’s launching, laid off Q beyond the floor, and laid off Q in his hand, and laid off Q’s face by hand. The Defendant continued to go beyond the floor of Q’s female-child gathering victim R (n, 20 years old) by drinking. The Defendant sold the victim’s hand.

As a result, the Defendant, in collaboration with M, inflicted bodily injury on the victim, such as salt, tension, etc. in the 2 weeks of treatment.

2) The judgment of the court below is based on the following: (a) whether the Defendant jointly and severally committed an act identical to that written in the facts charged by the victim, thereby causing bodily injury, such as salt, tension, etc., to the 2 weeks of light tensions; (b) Q and the victim’s legal statement in the court below; (c) statement in the police statement against the victim; (d) statement in the court below against the victim; (e) statement in the investigation report; (e) statement in the victim’s injury diagnosis report; and (e) shape

However, it is against the victim.

arrow