(영문) 인천지방법원 2016.05.18 2015노4633 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.05.18 2015노4633

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, only resisted from the injured party with his arms in order not to take a foreign registration certificate from the injured party, and did not inflict an injury upon the injured party in light of the injured party as stated in the facts constituting the crime in

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the court below sentenced the defendant to the sentencing unfair is too unreasonable (2,000,000 won).

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of misunderstanding of facts are consistently made by the victim and witness D from the investigative agency to the court of the court below, i.e., ① the victim and witness D have consistently made a statement from the investigative agency to the court of the court below to the effect that “the victim was affected by an attack against the victim on the bridge and the side with a stone with a stone.” Although there is a little difference in the detailed part, this is acceptable in view of the limitations of memory following the passage of time, and it does not constitute a degree of doubt about the credibility of the entire statement, and otherwise, the judgment of the court below was clearly erroneous.

2. On the date of the occurrence of the instant case, the victim was diagnosed of the injury caused by the 10 days to the left-hand side in the left-hand side where treatment is required for the victim's false statement, and the victim was diagnosed of the injury caused by the 10 days to the left-hand side in the left-hand side, the victim's injury caused by the victim's statement, and is in line with the cause of the injury caused by the victim's statement, the injury treatment level and degree of the injury treatment level, ③ the defendant and the victim's international marriage but did not lead to the so-called international marriage, and the victim brought a complaint to obtain unjust profits from the defendant.

shall be deemed to be.

유사 판례

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