logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.21 2018노4208
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant did not intentionally assault the victim on June 11, 2016, but did not assault the victim on June 12, 2016, and on April 14, 2018.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, two years of probation, and one hundred and twenty hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Comprehensively taking account of the following facts duly admitted and examined by the lower court as a whole, based on the evidence duly admitted and examined by the lower court on June 11, 2016, the fact that the Defendant intentionally boomed a person who was aware of the victim’s face and boomed a part of the victim’s face, and that the Defendant was sufficiently aware of the victim’s face and boomed by drinking.

Therefore, this part of the defendant's argument is without merit.

(1) A victim made a concrete and consistent statement from an investigative agency to the court of original instance.

② Examining the photograph taken on June 11, 2016, the victim saw a hole on the eye of the victim, the victim saw the upper part of the chest, the upper part of the upper part of the upper part, the increase in the upper part, and the surrounding parts are very teared.

③ While denying the fact that the Defendant used violence against the victim as a meal, the Defendant made a statement to the effect that he was aware of the fact that he was fluoring the victim on the floor, and that he was fluoring the victim’s face at the Defendant’s hand in the process of pushing the victim.

B. On June 12, 2016, there are statements and photographs (Evidence No. 26 pages) of the victim's investigative agency and court at the court below as evidence that correspond to this part of the facts charged.

However, in full view of the following facts admitted by the court below as a whole, the evidence duly admitted and examined by the court below and the circumstances inferred therefrom.

arrow