(영문) 전주지방법원 2013.06.14 2013노206 | 리걸엔진

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(영문) 전주지방법원 2013.06.14 2013노206

상해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 1,500,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant, when making a mistake of fact, injured the victim, or damaged the victim's inputs of his house, the lower court accepted this part of the facts charged and convicted the Defendant, and the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,500,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes in the indictment with the content that “from May 11, 201 to May 11, 201, to “from May 11, 201 to 17:00” among the facts charged in the instant case, “from May 11, 2011 to “from May 15:0 to 17:00,” and “inwards” in paragraph 3(4), “inwards” were changed to “the cover inside the well-inwards,” and the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows: “The facts constituting an offense in the judgment of the court below from May 11, 201 to 17:00”; “The period from May 11, 2011 to May 11, 201 to 17:00”; “the period from May 11, 201 to 17:0”; “the period from May 4, 201 to “the part covering the inside of the contingency” in paragraph (3) 4; and “1. The statement made by the witness D at the court of the trial” in the summary of the evidence is the same as the corresponding column of the judgment of the court below; therefore, it is cited as it is in accordance with Article 3

Application of Statutes

1. Article 257(1) of the Criminal Act (the point of injury) and Article 307 of the Criminal Act concerning the relevant criminal facts, the choice of punishment.

참조조문

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