logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.09.09 2019노4451
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant in mistake of facts was the victim B with the head of the defendant's head, and the defendant was also the victim B's head, but there was no other injury to the victims.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court rejected the Defendant’s assertion under the summary of the evidence in three pages of the judgment, on the ground that the Defendant alleged the same as the grounds for appeal in this part of the judgment below.

B. In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it can be acknowledged that the victim inflicted an injury on the victims as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake of facts as alleged by the defendant.

① The victim B stated in the investigative agency “(the defendant) that “I would have his own head head febly increased up to 2 times from the rear side of the lower kne to the floor and exceeded the floor of the No. 1. I would like to extract head fekne by kne so that I would not drive the upper part of the lower knee with knee, and then would have come back to the upper part of the Defendant.” (In the investigation record page 16), and the testimony was made to the same effect in the court of the lower court.

(55,56 pages). (2) The victim E stated in the investigative agency that “The defendant was placed on the floor where he was followed by the defendant, and laid down the B head in his hand, she was spawned, she was spawn at the face of the bar, she was spawn, she was spawn and spawn, she was spawn at the face of the bar (the investigative record page 24), and the court of the court of the original instance also to the same effect.

arrow