(영문) 수원지방법원 2018.09.20 2017노9465 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.09.20 2017노9465

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The court below erred by misapprehending the facts as follows.

1) Although the Defendant was found to have committed a violation of the victim’s head by drinking, the Defendant did not have committed a violation of the victim’s head by drinking.

2) “Influent injury” is due to the victim’s king, and thus, there is no relation between the Defendant’s act of assault and the victim’s injury and the victim’s injury.

3) The facts charged in the instant case are unclear as to which the Defendant inflicted any injury on the part of the Plaintiff due to the Defendant’s assault, and thus, the facts charged were not specified.

B. The lower court’s sentence against an unfair defendant in sentencing (2 million won) is too unreasonable.

2. Determination

A. Determination 1 as to the assertion of mistake of facts) The following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below related to the assertion that there was no assault against the part of the defendant. In other words, the victim consistently stated from the investigative agency to the court of the court below that the defendant had prices his face several times, and ② H who was confined in the same confinement room at the time was witnessing several times of the victim’s face.

On May 22, 2017, which is the date of the instant crime, the victim's medical records against the victim on May 22, 2017, the fact that the defendant assaulted the victim's face, including the part of the victim's face, can be sufficiently recognized, in full view of the following: (a) the victim stated that the victim was injured by the luminous part on the right side and the left side of the appearance inside the time; (b) there is no circumstance to regard the contents of the statement as particularly false; and (c) the defendant also recognized the fact that the victim's face was damaged by the victim's face at the time of the initial investigation

2) According to the record on the assertion that there is no relationship with a person, the victim had been seriously involved in the crypium before the instant case, and the crypium was urine.

유사 판례

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-수원지방법원 2016.04.29 2015노5774