logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.25 2015노4464
폭행치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, victim H did not go beyond due to the Defendant’s act, but did not have a causal relationship between the Defendant’s act and the victim’s injury and did not have a possibility of predicting the result of the injury.

B. The sentence sentenced by the court below to the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of the legal doctrine and the evidence duly admitted and investigated by the court below, it can be sufficiently recognized that the Defendant got out of the part where the Defendant was faced with the victim, and the victim got out of the uppermost of the left bridge, etc. due to such act, and there was a possibility of predicting the occurrence of such injury.

Therefore, this part of the defendant's argument is without merit.

A. The victim is consistent from the investigative agency to the court of the court below to the defendant's back part of his own back part.

statement is made.

In addition, witnessed the situation at the time.

I, J, and K also in the investigative agency and the court of the court below that the defendant was able to get off the part of the victim's body.

written statements at all times.

At the time of the defendant India case, it is recognized that the victim was laid down in order to get the victim to leave the hospital at the time of the case.

B. immediately after the instant case, the victim was sent back to the Seoul National University Hospital, Seoul National University Hospital, and EX was taken. After the framework, MI was found at M Hospital to have been subject to approximately eight weeks of treatment, and as a result, the victim was found to have suffered the frames of the upper bridges of the left-hand bridge, which require approximately eight weeks of treatment.

In this regard, the victim seems to have no inconvenience on the part of the injury before the occurrence of the instant case (to be based on the results of inquiry into the facts about the Seoul University Hospital in Ycheon-do.

arrow