(영문) 대전지방법원 2017.01.19 2016노2614 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.01.19 2016노2614

상해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

(2) the date of this judgment.

Reasons

1. The lower court, among the facts charged in the instant case, dismissed the public prosecution as to each of the assaults, and convicted the victim E of the injury, such as arctal damage, etc., which is open within the river requiring medical treatment for about 42 days, and the injury to the victim F. However, the lower court found the Defendant not guilty on the ground that there is no evidence supporting this part of the facts charged as to the injury to the inside and inner wall of the victim E, which requires medical treatment for about 8 weeks, or that there is no evidence supporting this part of the facts charged. However, the lower court found the Defendant not guilty on the ground that there was any injury to the above arctal damage, etc., which is related to the crime.

In regard to this, the defendant appealed from the judgment of the court below on the ground that the sentencing was unfair, and the prosecutor appealeds from the judgment of the court below on the part of the guilty and the part of the innocence, but the defendant and the prosecutor did not appeal on the dismissal part of the public prosecution. Thus, the dismissal part of the judgment of the court below is determined separately, and only the remaining guilty part

2. Summary of reasons for appeal;

A. The sentence of the lower court (one year of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. In light of the medical certificate and written opinion that the victim E suffers from the injury of the storm and the storm of the inner wall that requires eight weeks of medical treatment, prosecutor 1) misunderstanding of facts (the part not guilty in the reasoning of the judgment below) , the defendant was found to have suffered from the injury of the storm and the storm of the inner wall that require eight weeks of medical treatment, but the defendant was found not guilty of this part of the facts charged.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The judgment of the court below is delivered with this part as follows.

유사 판례

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-광주지방법원 2018.08.23 2018고단2430

-서울동부지방법원 2016.04.06 2015고정2032

-대구지방법원 2017.07.12 2017노1147