(영문) 대구지방법원 2015.07.17 2014노3950 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2015.07.17 2014노3950

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) was under the influence of alcohol at the time of the instant crime, and the Defendant was in the state of mental disability.

(2) The sentence of a fine of KRW 3 million imposed by the lower court is too unreasonable.

B. In full view of the evidence submitted by the prosecutor (1) and the evidence submitted by the prosecutor by mistake of facts, the court below found the defendant not guilty of the injury among the facts charged in this case, which affected the conclusion of the judgment.

(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. Determination:

A. The prosecutor bears the burden of proving the facts charged in a criminal trial on the prosecutor’s assertion of mistake of facts, and the conviction of guilt shall be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. If there is no evidence to establish such a degree of conviction, the suspicion of guilt is against the defendant even if there is no evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) The court below acquitted the Defendant of the injury in the facts charged of this case on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant injured the victim. In light of the above legal principles and the records of this case, the court below acquitted the Defendant of the injury in this case on the following grounds: (a) the victim F was unable to accurately memory the developments leading up to the occurrence of the injury; and (b) the circumstance in which the Defendant did not respond properly to the arrest at the time was committed by video recordings taken under the situation at the time, but actively did not show violence against the police officers at the time; and (c) the court below acquitted the Defendant of the injury in this case on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant injured the victim. In light of the above legal principles and

참조판례

-대법원 2000. 2. 25. 선고 99도4305 판결

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