(영문) 서울남부지방법원 2018.12.18 2017노1729

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(영문) 서울남부지방법원 2018.12.18 2017노1729

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant did not gather the fingers in the victim’s admission, as stated in the facts charged of the instant case.

Rather, the victim has broken the defendant's fingers first.

Injury caused by the victim's negligence is only caused by king evidence or other causes, not caused by the defendant's act.

Therefore, the judgment of the court below which found the Defendant guilty on the grounds of the victim’s statement and injury diagnosis report, etc., which affected the conclusion of the judgment by misapprehending the legal principles on assault and mistake.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court and the lower court on the assertion of misunderstanding of facts or of legal doctrine, it can be sufficiently recognized that the Defendant suffered bodily injury from the victim in the course of putting his/her fingers in the victim’s admission and re-afusing him/her.

(1) The injured party, at the investigative agency and the court of the court below, put his car in his car while the accused was scambling his car in his car while taking a dispute over the problem of the change of the accused's cell phone.

In addition, the Defendant stated to the effect that the fingers were caused by their fingers in one’s own entrance, and that the next to his fingers were shaking.”

(2) The credibility of a victim's statement shall be examined.

The statements made by the victims of the crime are specific and consistent from the investigative agency to the court of the court below.

According to the CCTV images of a cell phone store operated by the victim, while the defendant and the victim are in dispute with each other, the defendant acted as the victim by his/her loss and then the victim faces face.

유사 판례

-대전지방법원 2017.11.01 2016노3681

-서울북부지방법원 2017.11.17 2017노951

-대전지방법원 천안지원 2012.05.04 2011고정1000

-인천지방법원 2020.10.30 2020고정1310

-수원지방법원 성남지원 2020.01.21 2019고단2508