(영문) 의정부지방법원 2018.06.18 2018노66

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(영문) 의정부지방법원 2018.06.18 2018노66

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, did not harming the victim, and instead, did so by the victim’s interest, thereby getting injured by the Defendant by harming the victim. However, the Defendant suffered injury by harming the victim by harming the victim.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On July 25, 2016, the summary of the facts charged in the instant case: (a) the Defendant: (b) was at the D Park in Gyeyang-gu, Seoyang-gu, Seoyang-gu; (c) and (d) was performing park patrol as part of the program for supporting social activities of the victims E (in women, 77 years of age) and the elderly; and (d) caused the victim to suffer from an injury to the left-hand flacing felbing that requires medical treatment for about 93 days on the left-hand side, while working as part of the program for supporting social activities of the victim.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below, namely, ① the victim’s consistent statement from the investigative agency to the court below to the court below, and there is no other circumstance to suspect the credibility of the above statement; ② the victim’s statement in the police investigation to the effect that “the victim was injured by the victim,” and the victim’s situation was the same as the victim’s situation, and the victim’s statement to the effect that the victim was 119.”

full recognition may be accepted.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is justifiable, and thus, the Defendant’s assertion of mistake is rejected.

3. The defendant is aged and economical to determine the unfair argument of sentencing.

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