(영문) 수원지방법원 2012.11.29 2012노3711 | 리걸엔진

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(영문) 수원지방법원 2012.11.29 2012노3711

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, even though there was no fact that the victim of misunderstanding of facts C suffered an injury by suffering a shower of plastics in the process of the defendant and the defendant's shower, and the defendant did not inflict an injury upon the victim with a shower of plastics.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine 2,00,000) is too unreasonable.

2. Determination

A. (1) The summary of the instant facts charged was about July 2010 by the Defendant, who was married and living separately with the victim C of Chinese nationality (le to 58 years old), and the victim was living separately on April 11, 201, and the Defendant’s residence was living together with the victim under Article 903-314 and 314 of the Dong-gu Seoul Special Metropolitan City, Ansan-si, the Defendant’s residence. However, since the Defendant entered the Republic of Korea on April 11, 2011, the Defendant had a frequent marital fighting with the Chinese woman to show the remainder of the victim at home.

On July 1, 2011, at around 09:30, the Defendant opened a cooling house and door in order for the victim to take fry in the cooling house, and opened a brush with water that the Defendant separated and collected from the Defendant, and 2-3 times the victim’s head is 2-3 times in drinking, and the victim collected the plastic (PVC) shower, which was placed on the floor of the victim’s body, and 10 times in drinking, collected the victim’s two arms, and deducted the victim’s two arms, and then the victim inflicted injury, such as threc, which requires treatment for about two weeks in drinking.

(2) The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(3) The following evidence duly adopted and examined by the lower court and the first instance court are acknowledged.

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