(영문) 창원지방법원 2015.02.04 2014노1581 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.04 2014노1581

상해

Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 500,000 won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the defendant does not leave the victim;

Nevertheless, the judgment of the court below which judged that the defendant inflicted bodily injury upon the victim was erroneous, which affected the conclusion of the judgment.

2. Determination

A. Ex officio determination, the prosecutor, while maintaining the facts charged about the injury in the trial as the primary facts charged, filed an application for changes in the indictment by adding the phrase "(s)" to the name of the crime and the applicable provisions of the Criminal Act "Article 260 (1) of the Criminal Act" to the name of the crime and the applicable provisions of the Act, and as such, the judgment of the court below is no longer maintained.

However, the defendant's assertion of mistake of facts as to the primary facts charged is still subject to adjudication despite the above reasons of reversal of authority.

[Preliminary facts charged] On August 26, 2013, at the office of the defendant at the window C of Changwon-si around 15:40 on August 26, 2013, the defendant assaulted the victim by taking the victim's abundance by getting the victim's abundance and going beyond the victim's abundance.

B. On August 26, 2013, around 15:40 on August 26, 2013, the main point of the facts charged is that the Defendant demanded KRW 10,000,000 from the Defendant’s office located in the window C of Changwon-si, and from the Defendant’s office prior to the victim D(51). The Defendant confirmed that the charge would be paid after confirmation and paid by the Defendant, and the Defendant went to the victim on the ground that the defective victim got out of peace, the victim’s chest was frighted with the right hand, and the victim was flicked on the right hand floor with the upper part of the victim’s chest, and the victim was flicked over the knive floor, thereby doing so.2) The main point of the judgment of the lower court is as follows:

참조조문

-형법 제260조 제1항

유사 판례

-창원지방법원 2014.07.08 2014고정120

-창원지방법원 2018.07.11 2018노559

-창원지방법원 2014.07.16 2014노544

-부산지방법원 2018.12.20 2017나52566

-창원지방법원 2020.01.22 2019고단2676