(영문) 부산지방법원 2016.11.04 2016노1634 | 리걸엔진

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(영문) 부산지방법원 2016.11.04 2016노1634

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of facts recognizes the fact that a defendant flapsed with flaps of the victim and assaulted the victim's face with his hand, the court below found the defendant guilty of the facts charged of this case in the absence of any causation between the defendant's act and the injury of the victim without any causation.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (one million won by fine) is too unreasonable.

2. Determination

A. On December 25, 2014, the Defendant: (a) around 15:00, on the street in front of the Southern Agricultural Products Center located in the Busan Metropolitan City Shipping Daegu on the ground that: (b) while the victim D (the age of 43) driven a car, the Defendant’s Lone Star driver changed the instant car to the front section of the victim’s driver’s vehicle, and (c) the Defendant was a senior window in which the Defendant was placed a coffee; (d) on the ground that the Defendant changed the instant car to the front section of the victim’s driver’s vehicle.

The Defendant: (a) committed an injury on the part of the victim with a chronic trauma that requires treatment for about six weeks on the part of the victim, knee, knee, knee, with knee, when kneeing the victim’s face; and (b) sustained an injury on the part of the victim with a chronic trauma that requires treatment for about six weeks.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in its judgment.

C. In full view of the following circumstances acknowledged by the court below’s judgment and the evidence duly admitted and investigated by the court below, it is difficult to view that the evidence submitted by the prosecutor alone proves that there was an injury to the defendant, and that there was a causal relationship between the defendant’s act and the victim’s injury.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

(1) The accused shall be from investigative agencies.

유사 판례

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