(영문) 수원지방법원 2017.12.27 2017노3928 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2017.12.27 2017노3928

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the judgment of the court below, had a vagabonds with the victim on the day of the instant case, the Defendant did not inflict an injury by plplaling, plaling, or plaling the victim’s hand, as stated in the judgment of the court below.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s allegation by the Defendant is without merit, since it can be acknowledged that the Defendant inflicted an injury on the victim as stated in the lower judgment.

(1) A victim made a relatively concrete and consistent statement from an investigative agency to the lower court on the background, content, etc. of the victim’s injury due to assault by the Defendant.

(2) On the day of the instant case

G also made a statement consistent with the victim's statement, and especially the witness made a false statement or false statement in exaggeration of the situation.

There is no circumstance to consider.

(3) On May 6, 2016, the victim she sleeped to her hand, after the occurrence of the instant case, and she received medical treatment by visiting the MU to a hospital outside of the MU on the same day.

In addition, the medical certificate of May 10, 201, and the medical certificate of injury issued on May 31, 2016 at the hospital of the Handong Gyeong-dong National University was issued on May 10, 201, and the medical certificate of injury issued on May 31, 2016. In addition, it is difficult to find out the circumstances where the injury part and degree as stated correspond to the causes and details of the injury claimed by the victim and

B. The Defendant appears to have caused the instant crime by contingency while making a judgment on the unfair argument of sentencing with the victim, and there are favorable circumstances, such as the fact that the Defendant supports a spouse who is not good in health status, and that the Defendant’s economic situation is not good.

On the other hand, however, this is.

유사 판례

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