logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.05.31 2016노3016
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as to the facts charged of this case, did not have any injury requiring medical treatment for about 14 days by plucking, plucking, cutting, and damaging the victim E’s upper selling. Thus, the judgment below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal.

As to this, the court below held that the credibility of the statement is high, such as (i) the victim was under the influence of alcohol at the time and (ii) the statement that is not consistent with the statement of the persons concerned, which is acknowledged by each evidence of the ruling, is not consistent

Although it is difficult to see, as consistent from the investigative agency to the court of the court below, the defendant has plucked up the arms of the victim, thereby making a hole for the defendant's arms, and the person who plplouts the arms has not been outside of the defendant.

According to the statement in the court below (the statement in the court below and the investigation record Nos. 35, 41, 42 pages), 2 D D D D-site and each victim's photographic image (the investigation record No. 20 pages 20), the fact that the victim suffered injury at the time is clearly clear that the victim suffered injury because the face was confirmed on the part of the victim's right arms. ③ On May 25, 2015, the victim visited the hospital on May 25, 2015, which was three (3) days after the occurrence of the case, to the effect that the victim visited the hospital to "dick up the arms, plucking, plicking, and plaled salt," and approximately two (2) weeks after the diagnosis of the injury of the "f-line, plal salt," which requires treatment, was conducted by the victim, and ④ that the victim was at the time that the victim was at the time of the Defendant

whether or not

The Defendant and the victim were fighting one another, such as complying with the “satisfing,” and they were satisfing, and the Defendant satisfing three times the arms of the victim in the process.

. make a statement.

arrow