(영문) 대구지방법원 2020.02.13 2019노1808 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.02.13 2019노1808

폭행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who was confined to the Victim B (50) and the Daegu Correctional Institution U.S. C.

Around 12:00 on May 10, 2017, the Defendant, while viewing TV in the Daegu Prison U.S.C. located in the Seogu Seo-gu Seo-gu, Daegu-gu, the Defendant assaulted the victim by drinking three times his face of the victim on the ground that the victim disregards the Defendant.

2. Judgment of the court below and a summary of the grounds for appeal

A. The lower court determined that the facts charged were guilty by comprehensively taking account of the adopted evidence.

B. The summary of the grounds for appeal 1) mistake of facts did not assault the victim. 2) The sentencing of the lower court on unreasonable sentencing (2 million won of fine) is too unreasonable.

3. The judgment of this Court

A. According to the evidence examined by the lower court and the first instance court, the following circumstances can be acknowledged.

1) The victim filed a complaint with the Defendant on November 13, 2017, which was about six months from May 10, 2017, which was the date of the crime indicated in the facts charged. The Defendant consistently stated that “no assault has been committed against the victim” from November 20, 2017, which was at the time of the initial investigation to the lower court and the lower court. At the time of the complaint, the victim stated that “the victim was injured by her fingers while viewing TV from the Daegu Correctional Institution C, and her fingers about three times at the face of her fingers, and her fingers about five times at the time of the accusation (such as 24 pages, etc. of investigation records), and that the victim received a medical record on May 1, 2017, and received a medical record on May 17, 2017, 205, 15.7.15.

As a result of the assault, even if the victim suffered from injury to the extent that the flasia died, only the part of the flasium's injury is receiving each medical treatment around that time.

유사 판례

-대구지방법원 2019.05.14 2018고정973

-대전지방법원 공주지원 2017.06.16 2017고단134

-청주지방법원 충주지원 2018.06.11 2017고정217

-대구지방법원 서부지원 2020.05.06 2020고단72

-대구지방법원 2020.10.07 2020노333