logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.05.16 2013노3407
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Influence of mistake of facts the victim under the influence of alcohol by the defendant

Since the injury inflicted on the victim merely was done by assaulting the victim as stated in the facts charged of this case, it was merely an occurrence of the victim’s transport of the materials prior to the crime of this case.

B. The lower court’s sentence of an unreasonable sentencing (a fine of four million won) imposed on the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence of a mistake of facts: (i) the victim has consistently made a statement that corresponds to the facts charged in this case from the investigative agency to the court of the court below; (ii) the victim has consistently made a statement from the investigation agency to the court of the court of the court below that there was no misunderstanding of facts; and (iii) there was no circumstance to suspect the credibility of the victim's statement; (iv) the victim's injury diagnosis report and the victim photograph submitted to the investigative agency; (v) the witness E, who is able to trust the credibility of the statement in a neutral third party position, has been partially present; (iii) the defendant submitted the F and I statement at the time of the investigation by the investigative agency; and (iv) the above statement contains the statement that corresponds to the defendant's defense at the time of the investigation; but in light of the above circumstances, if it is difficult to trust that the defendant prepared the statement and received only the signature from the same person, the facts charged in this case and the facts charged are acknowledged.

Therefore, the defendant's status is against this.

arrow