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부산지방법원 2015.10.15 2014노4560

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty in the absence of a misunderstanding of facts that the victim's chest was not the victim, is erroneous and adversely affected by the conclusion of the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (fine 1.5 million won) is too unreasonable in light of various sentencing conditions.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant has inflicted bodily injury on the victim as shown in the judgment below can be sufficiently recognized as follows.

Therefore, the defendant's above assertion is without merit.

① The victim of the instant crime submitted a written complaint to the police and made a statement to the court below to the effect that “the Defendant got the victim to depict with the victim’s chest part by hand (see, e.g., evidence records 3, 8, and trial records 41).” No reasonable circumstances are found to suspect the credibility of the statement, and the E’s statement (see, e.g., 50 pages of evidence records, and 46 pages of trial records) witnessed the instant case at the time of the investigation is consistent with the victim’s statement.

② Although the testimony between the Defendant and the victim was high, it is insufficient to recognize credibility in light of the following: (a) the statement made by the witness I of the lower court and the lower court to the effect that the Defendant did not have any civil knowledge of the victim; (b) the statement made by the witness I of the lower court and the lower court to the effect that it was not consistent with the statement made by him on the process of the confirmation of the fact that he signed and unmannedd; and (c) I is a lessee of the orchard owned by the Defendant; (d) other than

(3) On the day following the date of occurrence of a case, a victim made a detailed statement on damage situations and injury parts in the police station.