logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.08.12 2016노559
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts - Part concerning special injury and injury - The defendant did not have committed a crime in each item of the victim D, and did not used violence against the victim A.

Nevertheless, the court below found the Defendant guilty of special injury to D and injury to A among the facts charged in this case. The judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. The facts charged in this case

A. A. A. On October 18, 2015, the Defendant suffered special injury to the victim D, damage to property, etc.: (a) sought to find a victim D (58 cm) farm located in Chocheon-si around October 18, 2015 at around KRW 2 million; (b) the victim refused it; (c) he collected each item (60 cm in length) which is a dangerous object located therein; and (d) 3-4 times the victim’s body was 3-4 times the victim’s body, and then, the victim suffered injury, such as a diveal coordinate, etc., which requires treatment for about 14 days; and (d) damaged the victim’s mobile phone (spora type, manufacturing: LG) which is the victim’s possession, so that it can be repaired in the amount of repair cost by plucking it.

In this respect, the defendant carried dangerous articles and inflicted an injury on the victim, and damaged the victim's property.

B. In around 11:00 on October 18, 2015, the Defendant injured the victim A, at the place of the above paragraph (a), and as set forth in paragraph (2), the victim A (40 years of age) assaulted F, one’s own son, and caused the victim’s left hand on one occasion, resulting in the victim’s injury to the victim at approximately four left 28 days left her hand, requiring medical treatment between approximately 28 days.

3. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in this part, but the lower court stated that “The consistent statement of the victims, the injury to the victims corresponding thereto, and the injury to them, the circumstances before and after the case, and Defendant B.

arrow