(영문) 서울북부지방법원 2017.01.19 2016노2303

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.01.19 2016노2303

상해등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant (1) was unaware of the facts (the guilty part of the lower judgment) did not have inflicted an injury upon the victims as stated in the facts constituting a crime in the lower judgment, the lower court convicted the victims of injury and violation of the Welfare of the Aged Act on April 29, 2016 among the facts charged in the instant case by misunderstanding the facts.

(2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

B. In full view of the prosecutor’s (1) misunderstanding of the facts (the part of the judgment of the court below) E’s statement and the written diagnosis of injury, etc., the defendant could be found to have inflicted an injury on the victim E on February 20, 2013. However, the court below acquitted the victim E on February 20, 2013 among the facts charged in the instant case. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

(2) The above sentence, which the court below committed against the defendant, is too uneased and unfair.

2. Judgment on the grounds for appeal

A. In full view of the evidence duly adopted and examined in the judgment of the court below as to the defendant's assertion of mistake of the facts, it can be sufficiently recognized that the defendant, as stated in the facts constituting the crime in the judgment of the court below, caused the victim by putting his head debt up to the floor and breaking the head into the floor and breaking the victim D, making the head inside the floor of the house, making the head in drinking, putting the head into the floor up on a hand, making the victim a head in plastic paper, and putting about about 14 days for treatment to the victim E, taking a bath to the victim E, and preventing the victim E from filing a report on a cell phone, and thereby taking the right-hand part in the victim's 21-day medical treatment.

Therefore, the defendant asserts in the judgment of the court below.

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