(영문) 수원지방법원 2016.06.02 2015노6754 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2016.06.02 2015노6754

상해

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the witness G's statement that the non-guilty part of the facts - the defendant took the victim E's bridge is reliable, it can be acknowledged that the defendant inflicted an injury on the victim by taking the victim's bridge as stated in the facts charged in this case.

Even if the defendant did not take the victim's bridge, the defendant did not take the victim's bridge.

However, according to the doctor's opinion, since the defendant's face and side care of the victim are over the victim and the bridge is cut off, the relation between the defendant's assault and the injury of the victim is recognized, and when the defendant takes the face and side care of the victim, it is recognized that the defendant can cause the victim's bodily injury, such as the breath, while the victim's face and side care is over the floor.

As such, the defendant injured the victim.

may be appointed by a person.

Nevertheless, it is difficult to recognize that the defendant was taking the victim's bridge, and the court below intended or accepted the result of the injury identical to that of the victim only by the fact that the defendant took the victim's face and the side of the victim's face.

On the ground that it is difficult to recognize the facts charged of this case, the court below erred by misapprehending the facts.

B. The sentence sentenced by the lower court (4 months of imprisonment, 2 years of suspended execution, and 80 hours of community service order) is too uneasible and unfair.

2. Determination

A. The court below's decision on the assertion of mistake of facts is justified in reviewing the evidence lawfully adopted and investigated in light of the records, and it is reasonable to not guilty of injury among the facts charged in this case on the basis of the circumstances stated by the court below, and there is an error of law by misunderstanding the facts alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. Illegal assertion of sentencing.

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