(영문) 인천지방법원 2016.01.22 2015노1275 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.01.22 2015노1275

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal does not inflict any injury on E as stated in the judgment below.

2. Determination:

A. The lower court’s judgment: (a) under the following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court; (b) the victim was damaged by the Defendant at the court of the lower judgment:

The defendant, who has made a simple statement and seems to be difficult to do so without direct experience, has made a statement by specifically memorying the words, actions, surrounding circumstances, etc. at the time, and therefore has credibility in such statement.

(2) At the time, H followed all the processes of the case at the time and consistently stated in accordance with the victim’s statement from the investigative agency to the court of the court below, and ③ in the court of the court below, G also considered that the part of the part of the victim’s arms was red immediately after the instant case.

the statement of the victimized person in conformity with the statement, 4.

In light of the H’s statement that I made a statement consistent with the Defendant’s defense, but I did not consider the case from the beginning, taking into account that I’s possibility that I would have failed to act as stated in the facts charged is so high that it is difficult to believe the Defendant’s statement as it is, it can be sufficiently recognized that the Defendant’s act like the facts charged and the Defendant’s wife had occurred to the victim, and that I pronounced the Defendant guilty.

B. Examining the above judgment of the court below in light of the evidence duly adopted and examined by the court below, closely comparing the records, the court below's judgment that found the defendant guilty of the facts charged against the defendant is just, and there is an error of law due to misconception of facts as alleged by the defendant.

Therefore, we cannot accept the defendant's assertion of facts.

3. ex officio determination of the illegality of sentencing is made.

유사 판례

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