(영문) 창원지방법원 2015.06.10 2015노417 | 리걸엔진

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(영문) 창원지방법원 2015.06.10 2015노417

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

3. The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

A. The Defendant of mistake of facts was merely in favor of the Defendant, who was suffering from the victim, and did not lick the victim’s head debt or lick the victim on the floor.

In addition, while the defendant was faced with the bucks part of the victim's bucks in the process of cutting off the bucks used by the victim, there is no fact that the victim's bucks price by cutting off the bucks part.

Nevertheless, the court below erred by misapprehending the facts of the crime that "the defendant laid clothes on the shoulder part of the victim including the victim's hair, laid the victim inside the floor, cut off the victim's bucks, and laid down the victim's bucks." The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2,500,000) is too unreasonable.

2. Determination

A. The following circumstances revealed based on the evidence duly adopted and investigated by the lower court on March 21, 2014, i.e., (i) the victim stated in the lower court that the Defendant was able to wear his clothes and let the Defendant use them on the floor of the living room; (ii) the police through the lower court consistently made the aforementioned statements from the police to the lower court; (iii) the victim was removed from the part on the left side of the locker that was put into custody; and (iv) the Defendant stated that there was a fact that the victim was spawn down consistently from the police to the trial; and (v) the Defendant stated that the victim was spawn down consistently from the police to the trial. In so doing, it can be sufficiently recognized that the Defendant was able to fully recognize the fact that the victim was spawned by taking the seat of the victim into his own living room by force, leading the victim to his own house, and accordingly, the victim got beyond the living room.

Therefore, the conclusion of the court below that found the defendant guilty is just and it can be viewed that the facts constituting the crime of the court below influenced the judgment.

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