(영문) 수원지방법원 2013.05.09 2013노123 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.05.09 2013노123

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal (the factual error and the unreasonable sentencing)

A. The judgment of the court below which found the defendant guilty on the ground that there was no fact that the victim's fighting fighting fighting fighting with the victim's fighting belt and 20 meters large and 20 meters large and tightly damaged the victim's fighting fighting, but the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, the following facts and circumstances are recognized, and the statement by the witness H of the court below contrary thereto is difficult to believe.

(1) The Defendant had an unreasonable appraisal against the ordinary victim.

② At the time of the instant case, the victim was a senior citizen aged 72 years old, who was in the direction of the body at Ampha Hospital, and was in bad health conditions. On the other hand, the Defendant was 59 years old at the time of the instant case, and was physically superior as a police officer with physical health.

③ The F, a 112 reporter, showed that the Defendant was gathering a large number of victims, and consistently stated that he/she reported to the police about the death of the victim even if there is no person in the surrounding area.

④ According to the image taken by the victim of an over-the-counter picture, if the degree of damage is deemed to have been exceeded together while the defendant and two victims were in sight, the damaged area is small and the degree of damage is minor.

⑤ According to the photograph taken by the victim’s upper part of the body, there is an upper part on the victim’s left part and right bridge, each of the above upper parts appears to be a flicke of a kind flicked to trees, etc., on the day of this case. The victim’s recording date is the day of this case, and the victim’s injury part on the victim’s death diagnosis report issued on the day of this case is highly reliable.

The above facts of recognition; and

유사 판례

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