(영문) 광주지방법원 2017.05.23 2016노2059 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.05.23 2016노2059

상해등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fact-finding No. 1, the Defendant did not inflict any injury on the victim, and regarding the second instance judgment, the Defendant did not have any explanation or custody order from the enforcement officer at the time, and the enforcement officer attached a written public notice and posted it.

B. Each sentence of the lower court’s unfair sentencing is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained.

On the other hand, the defendant's assertion of misunderstanding the facts about the judgment of the court below is still subject to the judgment of the court, and this is examined.

3. Judgment on the Defendant’s assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant could be recognized as having inflicted an injury by assaulting the victim as stated in the facts charged at the time. Thus, the defendant's assertion of mistake in this part is without merit.

(1) A victim is making a concrete and consistent statement from an investigative agency to the court of original trial on the fact of damage.

(2) The victim shall also have a photograph (any eye of the victim, any fluor, any fluor, and any hole) taken on the same day as the written diagnosis of the injury issued after being treated on the date of the occurrence of the case, as well as a photograph of the victim.

(3) When the injured party has found the accused who is in the E before the cattle shed was set up.

참조조문

-형법 제38조 제1항

유사 판례

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