(영문) 대구지방법원 2019.07.18 2018노2235 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.07.18 2018노2235

상해등

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

1. On September 29, 2017, the Defendant: (a) around 15:00 on September 29, 2017, at the ward of the Daegu-gu building C, Daegu-gu, where the Defendant’s residence, carried out a dispute with the male-friendly victim D (the male and 51 years old); (b) was satisfing the victim’s breath with the finger hand, and was satisfing the victim’s chest with the hand saw that the victim’s chest was in need of approximately two weeks of treatment.

2. Special intimidation: (a) the Defendant, at the time and place specified in paragraph (1) on the said grounds, tried to have two knife and two knife, which were dangerous articles in which the Defendant was making a dispute with the victim for the said reasons; and (b) tried to have the victim with two knife and two knife and two knife, which were dangerous articles in which the knife had been in the face of the victim; and (c) attempted to have the victim in the said manner.

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. The Defendant causing property damage: (a) reported the form of the victim requesting support by walking a telephone at the time and place specified in paragraph (1); and (b) destroyed the number of 5 smartphones on the floor of Samsung Gallon-si, which is owned by the victim, to have approximately KRW 54,00,000 by setting up the 50 smartphones on the floor; and (c) damaged them.

2. Judgment of the court below and a summary of the grounds for appeal

A. The lower court determined that all the facts charged was guilty by comprehensively taking account of the adopted evidence.

B. The summary of the grounds for appeal 1) misunderstanding of facts did not inflict an injury on the victim, and rather, there is a possibility that the Defendant himself/herself has committed an injury on the victim. The Defendant cited knife and did not threaten the victim, and did not destroy the cellular phone of the victim. 2) The sentencing of the lower court of unfair sentencing (2 years of imprisonment with prison labor for six months) is too unreasonable.

3. The judgment of this Court

A. According to the evidence examined by the lower court and the first instance court, the following circumstances can be acknowledged.

1) The victim is the victim.

유사 판례

-대구지방법원 2018.06.20 2017고단6490

-대구지방법원 경주지원 2016.02.05 2015고합41

-창원지방법원 진주지원 2020.06.17 2020고단662

-청주지방법원 2019.02.01 2018고단2375

-울산지방법원 2014.06.20 2014고단457