logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.09.23 2015노492
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the victim F’s right shoulder, and even if the defendant had left the right shoulder of the victim, there was no causation between the defendant’s assault and the injury of the victim, or the defendant could not have predicted the injury of the victim.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant can sufficiently recognize the fact that he assaulted the victim by cutting down the victim's right shoulder as shown in the facts charged in this case.

① The victim stated consistently and specifically, from the police investigation stage to the court of the court below, that “A victim’s husband G was present at the victim’s written agreement, but the Defendant got off the victim’s written agreement, and the Defendant, who was in receipt of the written agreement with the left hand, taken off the victim’s right shoulder, and cut off the written agreement.” The victim’s credibility is recognized.

② At the prosecution and the lower court’s court, G also made a statement consistent with the victim’s statement to the effect that “I want to open a written agreement to the Defendant because I would not put the written agreement to the Defendant, and I would like to bring it back to the victim, and I would pluck up the written agreement to the victim and cut it back.”

③ At the time of the police investigation and the court below’s inquiry into the defense counsel at the time of the police investigation, the Defendant took the written agreement from G, and the victim took the victim.

arrow