(영문) 창원지방법원 2020.02.18 2019노237 | 리걸엔진

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줄 간격

자간(%)

(영문) 창원지방법원 2020.02.18 2019노237

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In the case of the written diagnosis of injury No. 3 among the evidence submitted by the prosecutor at the lower court, the Defendant consented thereto, and the lower court rendered a decision of dismissal on the above written diagnosis on the fifth trial date. Nevertheless, the lower court used the written diagnosis of injury without admissibility as evidence of guilt against the Defendant. 2) The Defendant used the written diagnosis of injury without admissibility as evidence of guilt against the Defendant. 2) The Defendant did not cause any injury by assaulting the victim D, and the injury, such as the escape of the victim claimed that the victim suffered, was not caused by the Defendant’

3. The defendant shall not have damaged the victim G himself/herself, etc.

C. The sentence imposed by the court below on unreasonable sentencing is too unreasonable.

2. Determination:

A. Prior to the judgment on the grounds of appeal as to the amendment of the indictment, the prosecutor applied for the amendment of indictment with the purport of "25,00,000 won in the market price of the victim G, 10,000 won in the present market price, 200,000 won in the present market price, 35, 200,000 won in the market price, 35, 200,000 won in the present market price," and the judgment of the court below is not reversed ex officio on the ground that it cannot be deemed that the subject of the judgment was changed.

B. As to the assertion of misapprehension of the legal principles as to admissibility of evidence, the diagnosis of injury in preparation of L/C as to the assertion of misapprehension of the legal principles on admissibility of evidence shall not be deemed as a document naturally admissible under the evidence law

(see, e.g., Supreme Court Decision 69Do179, Mar. 31, 1969). Therefore, in a case where it is not recognized to be genuine by the originator on the date of trial unless the defendant consented to the use as evidence of guilt.

유사 판례

-대법원 2013. 8. 14. 선고 2012도13665 판결

-수원지방법원 2016.11.18 2016노1469 (1)

-서울고등법원 2015.06.19 2015노125

-대전지방법원 2013.11.28 2013노1565

-수원지방법원 2019.01.25 2018노6874