(영문) 대구지방법원 2013.12.13 2013노1597 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.12.13 2013노1597

상해

Text

The appeal by the prosecutor and the defendant shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (the factual error), the court below found the defendant not guilty as to the injury to C, and found him not guilty on the ground of the injury to E, which affected the conclusion of the judgment by misunderstanding the facts. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment. The judgment of the court below is erroneous in the misapprehension of the facts. It is so decided as per Disposition by the assent of all participating Justices on the bench.

B. Defendant (1) misunderstanding of facts: (a) the Defendant divided a flabbbage of E, and did not use a part of blabage, etc., which requires approximately two weeks of treatment to E; (b) the Defendant was merely flabing the clothes of E in order for C and E to board the vehicle; and (c) police officers laid off the clothes of E to the Defendant.

(2) The sentence imposed by the court below on the defendant (a fine of 300,000 won) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On June 10, 2012, at around 15:00 on June 15, 2012, the Defendant: (a) went through the marriage of the Defendant’s wife, who committed suicide from the Sung-gun of Seongbuk-gun, and around one year and two months prior to the Defendant’s death; (b) performed the Plaintiff’s right of care, i.e., “S., deep sea brea(s)” in order to keep the Defendant in mind; (c) thereby, he saw the Defendant’s breath of the instant act in order to have the Defendant in mind, and she took five times the face of the Defendant’s breath in hand; and (d) took off the part of the breath’s breath’s breath of the instant act in order to have the Defendant take care of about two weeks, and she did so for approximately two weeks to E, respectively.

B. The lower court’s judgment: (a) although there was each statement of C and E as one of the major evidence presented in line with the facts charged, the evidence duly adopted and examined by the lower court is deemed as follows.

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