(영문) 수원지방법원 2016.04.15 2015노4673 | 리걸엔진

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(영문) 수원지방법원 2016.04.15 2015노4673

폭력행위등처벌에관한법률위반(공동상해)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment that found the Defendant guilty of each of the facts charged in this case by misunderstanding the facts and affecting the conclusion of the judgment by misunderstanding the facts. The lower court’s judgment erred by misapprehending the facts and adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

B. The sentence that the court below sentenced to the defendant (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence adopted and examined by the lower court on the assertion of mistake of facts, the Defendant’s assertion by the Defendant is without merit, on the ground that the fact that the Defendant inflicted an injury on the victim jointly with his/her name and the fact that he/she damaged the loss of the victim’s knife.

(1) The Defendant asserted that he was using a taxi after passing through, and together with, a victim’s taxi engineer on board the taxi at the victim’s house. However, it is difficult to gain access in light of the empirical rule to the effect that the first taxi engineer on the day of the Defendant and the same day gets the Defendant’s debt and gets the Defendant’s debt on the other’s house.

The victim has taken aboard the SUV vehicle with the name of the defendant, and the defendant has not been called the name of the defendant.

was stated.

(2) In relation to the part of the injury, the first police investigation conducted the Defendant’s hair collection and shaking of the victim’s hair, and the person infinite’s name was 3 times the victim’s chest.

A statement was made by the Defendant and his name was the victim's shoulder, and the victim was about to be towed out, and the Defendant was the victim's chest due to the victim's head knife and drinking.

The defendant stated in the court below, and in the court below, he collected the victim's head from the victim.

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