logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2012.12.27 2011노1204
상해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a person who gets a shouldered by C, and there is no fact that C’s face, chest, and her part was taken by drinking.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too heavy.

2. The judgment of the court below

A. The summary of the instant facts charged was around 23:40 on June 3, 2010, the Defendant fleded to the road on the ground of the following issues: (a) around the 270 Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government 3 on the dry Road of Yeongdeungpo-gu, Yeongdeungpo-gu; (b) the victim C(44 years of age) who is a taxi engineer, and the taxi fee; and (c) the victim got out of the road while trying to set up the Defendant.

Afterwards, the defendant suffered bodily injury, such as the face of the victim, the chest, and the body of the clothes, which require approximately six weeks of medical treatment, by drinking the victim's face, the baby, and the body of the clothes, due to the defect that the defendant tried to drive away from the victim and her.

B. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant for six months by comprehensively taking account of the following: “Witness C and D’s each legal statement, part of witness E’s legal statement, part of the prosecution interrogation protocol against the Defendant, C’s police statement, operation record book, emergency medical record book, nursing information investigation site, emergency medical service log, and each medical certificate.”

3. Judgment of the court below

A. Among the evidence duly adopted and examined by the court below and the court below, it stated that the evidence shows that the defendant appeared to have taken the face, chest and clothes of C in drinking, C, C, D's legal statement in the original court, E, and H's legal statement in the original court, "C would put the victim into custody," and "C would put the victim into custody," among the prosecutor's investigation records against the defendant, C's statement in the prosecutor's office investigation records against the defendant, C's statement in the police investigation records against the defendant, the police's statement, the operation record book, the emergency medical record book, the nursing information investigation paper, the emergency medical service report, and each diagnosis letter in the above evidence.

arrow