(영문) 대전지방법원 2016.11.03 2016노255 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.11.03 2016노255

상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the misunderstanding of the facts, Defendant 1 found the Defendant guilty of the facts charged in the instant case, despite the fact that the Defendant was deprived of the Defendant at the time of the misunderstanding of the facts, there was only two or three times of having the Victim H by driving the slicker, did not have the head, shoulder, and face of the Victim H by hand, or did not have the victim I go beyond the floor by pushing the victim I, there was an error of law that affected the conclusion of the judgment by misunderstanding of the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. As to the injury inflicted upon the victim H, the court below also argued to the same effect as this part of the grounds for appeal, and found the defendant guilty of this part of the facts charged on the ground of the evidence as stated in the court below's decision. The court below consistently made a statement in the court below to the effect that "The victim was exempted from his personal belief after the defendant got his head, shoulder, face, etc. at the investigative agency and the court of original judgment" (64 pages of the trial record, 30 pages of the evidence records), and ② in the court of original judgment, I stated to the effect that "the defendant who was the victim at the time of this case was sleeped by the victim at the time of this case" (56 pages of the trial record), this corresponds to the above statement of the victim, and ③ witness witness statement to the effect that "the defendant was made at the time of the court of original judgment to the effect that the defendant was a victim who was a new victim at the time of his head, shoulder, face, etc." (hereinafter evidence of this case).

유사 판례

-대전지방법원 2016.11.24 2016노2193

-광주지방법원 2015.08.19 2014노3213

-서울중앙지방법원 2015.11.05 2015노3513

-대전지방법원 2016.11.24 2016노2223

-대구지방법원 2016.10.21 2016노476