(영문) 대전지방법원 2015.05.29 2014노2863 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2015.05.29 2014노2863

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely self-defense and the defendant did not inflict an injury on the victim, since the victim committed an act of threatening the victim in the course of defending the defect in light of the defendant's appearance and the part of the neck.

B. The lower court’s sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In the judgment of the court below, the judgment of the court below cannot be maintained as it is, since the ex officio judgment applied for changes in the contents of "flabbat" changing "flabat" to "flabbat and smuggling", and this court permitted this and changed the subject of the judgment.

The defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court, which will be examined below.

B. In full view of the following circumstances, according to the evidence duly admitted and examined by the court below and the court of the trial, the fact that the defendant inflicted an injury on the victim during the process of wrapping the victim can be sufficiently recognized. Therefore, the judgment below cannot be deemed to have erred in mistake of facts as pointed out by the defendant.

① The victim stated at the police that the Defendant was drinking, knee, knee, knee, and kne, etc. of the victim.

② The Defendant also recognized the victim’s face at the police station, the victim’s voice was supported by the Defendant’s horse, and the Defendant was supported by the Defendant’s walked.

(3) The injury diagnosis letter issued on January 21, 2014, which was three days after the date of the crime of this case is also written in [name of disease] as follows: (a) the injury diagnosis letter, which was written on January 21, 2014 by the victim, is also written in [name of disease] the left-hand eye knee kne, the left-hand knee knee kne kne, the

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