(영문) 청주지방법원 2017.05.25 2017노37 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2017.05.25 2017노37

상해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The defendant (guilty part, misunderstanding of facts) did not assault the victim as stated in the judgment of the court below.

B. According to the evidence submitted by the prosecutor (the part not guilty, misunderstanding of the facts, or misunderstanding of the legal principle), the court below erred by misapprehending the facts or misapprehending the legal principles as to the crime of injury, thereby adversely affecting the conclusion of the judgment.

2. We also examine the Defendant and prosecutor’s assertion of mistake or misunderstanding of the legal doctrine.

A. The summary of the facts charged in the instant case and the judgment of the court below 1) The summary of the facts charged in the instant case was “The Defendant dialogueed with the victim E, who demanded the return of the deposit money within the Heung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, and his residence, around December 6, 2015.

The Defendant would offer money to the victim by January 20, 2016, which is later than the date the victim promised (the end of December 2015).

However, the victim assaulted the Defendant, such as “a request to use a loan certificate, to settle money as soon as possible,” and putting the Defendant’s body in hand and putting the clothes in hand.

The Defendant assaulted the victim, such as engraving the body of the victim and putting clothes, and booming the victim's body, thereby committing assaulting the victim for about 28 days on the left-hand side in need of medical treatment.

“ are”.

2) The prosecutor prosecuted the above facts charged as a crime of injury, and the lower court did not conclude that the injury suffered by the victim was due to the Defendant’s assault, and acquitted the Defendant on the ground that there is no other evidence to acknowledge it, and found the Defendant guilty of the crime of assault, which is a reduced fact

B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant is recorded in the facts charged of this case.

유사 판례

-춘천지방법원 2016.08.11 2015노499

-서울고등법원 2018.03.30 2017노2567

-서울동부지방법원 2016.05.20 2016노21

-부산지방법원 2017.08.31 2017노1167

-서울동부지방법원 2017.10.20 2017노912