(영문) 춘천지방법원 2018.06.28 2017노547 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.06.28 2017노547

상해

Text

The judgment of the court below is reversed.

Punishment on the accused shall be determined by a fine of 300,000 won.

Defendant. A fine.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Recognizing the misunderstanding of facts and misapprehension of legal principles clearly, the Defendant was aware that the victim was injured due to such Defendant’s act, etc., thereby recognizing the Defendant’s intentional act.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

B. Defendant 1) The result of an injury inflicted on a victim of mistake of fact may arise in the course of rapid landing of buses, and it is difficult to exclude the possibility that the Defendant may have occurred in the course of spreading the victim with the luxation.

The result of the injury inflicted on the victim was caused by the defendant's act.

shall not be deemed to exist.

2) The sentence sentenced by the lower court is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court, including the bus boom image, as to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, it can be recognized that the Defendant’s dancing was strong behind the victim, etc. who is going on his bus with the damaged bus.

In light of the circumstance and degree of force of the Defendant and the victim’s location, etc., it can be sufficiently recognized that the Defendant had the intent to inflict an injury on the Defendant, and that the Defendant’s act did not go beyond the victim’s body, and that the Defendant’s act did not go beyond the victim’s body, and that there was an injury to the victim’s boom and finger.

The prosecutor's assertion of mistake and misapprehension of legal principles is reasonable, and the defendant's assertion of mistake is not accepted.

3. In conclusion, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act by accepting the prosecutor’s appeal, and the judgment of the lower court is reversed, and the judgment of the Defendant and the prosecutor’s improper assertion of sentencing is rendered again through oral proceedings without examining the judgment

【Re-use.】

유사 판례

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-수원지방법원 2018.10.11 2018노3315

-서울중앙지방법원 2018.06.07 2018노506