(영문) 청주지방법원 2019.01.11 2018노799 | 리걸엔진

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(영문) 청주지방법원 2019.01.11 2018노799

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of fighting a victim with the victim at the time and place stated in the facts charged in the instant case, there is no fact that the victim is injured, but there is no fact that the victim is sealed with the wall or taken the victim's face.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of an unreasonable sentencing (2 million won of fine) imposed by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Around 19:00 on May 2, 2016, the Defendant assaulted the victim E (the age of 51) who is currently living in the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, on the ground that the victim E (the age of 51) was not living in his/her entrance to the examination of himself/herself, with his/her head being pushed off on the wall, with his/her hand, and with his/her face being cut off one time.

As a result, the defendant, who did not have an open room for about 14 days from the head of the 14-day head, led to the victim.

B. The lower court and the lower court found the Defendant guilty of the instant facts charged on the grounds of the circumstances indicated in its reasoning.

In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., the victim's statement from the investigative agency to the court of the court below about the specific facts and consistent situation, the contents of the assault committed by the defendant, etc. i.e., the credibility of the statement from the investigative agency to the court of the court of the court below; ② the victim was issued a written diagnosis of injury on May 23, 2016, which is the date following the occurrence of the case, and the victim was submitted to the police station on May 27, 2016, which is the five days after the occurrence of the case, and there is no peculiar points in the process of the complaint, the court below's decision to convicted the defendant of the facts charged of the case is just and acceptable

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