(영문) 창원지방법원 2015.05.14 2014노2875 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2015.05.14 2014노2875

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor asserts that the judgment of the court below which acquitted the defendant on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt, even though the defendant acknowledged that he had inflicted an injury for about two weeks in consideration of the defendant's accusation as stated in the facts charged, and that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The prosecutor asserts that the sentence imposed by the lower court (5 million won of a fine) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 15, 2013, the Defendant: (a) at the entrance of the Inb operated by the Defendant Ha in Syang-si around 22:30 on the charge, reported that the Appellant J (52) was staying in the said in the entrance, and, without any justifiable reason, deemed that the Appellant met and met with K, which is a son who was staying in the said in the entrance; and (b) when the Appellant was drinking, the Appellant was cut off from stairs (a height of approximately 20cc, approximately 3 parts) and caused injury to the Appellant, which requires approximately two weeks of treatment.

B. The lower court found the Defendant not guilty of this part of the facts charged on the grounds indicated in its reasoning.

C. According to the evidence duly adopted and examined by the court below, all circumstances presented by the court below are recognized.

In addition, ① At the time, the Defendant stated to the effect that the Defendant did not first consider the complainant on the day by stating that the complainant, who was found in the House with the police officer, “at the time, he was able to do so before her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

유사 판례

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