(영문) 부산지방법원 2017.02.13 2016노4083 | 리걸엔진

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(영문) 부산지방법원 2017.02.13 2016노4083

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who misleads the victim of the fact, attempted to take the victim’s house into consideration, and the victim taken the mobile phone out.

If you continue to send the house to the police, they will report to the police.

In order to make this end, the victim's cell phone was cut off.

In the process, the victim has lost the center of the mixed, and only go beyond the victim's own, and there is no fact that the defendant has broken down the victim.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact are: ① The victim consistently stated from the investigative agency to the court of the lower court that “the Defendant got off his/her cell phone in the process of cutting off his/her cell phone”; ② Even based on the photograph (15 pages of the evidence record) taken on the upper part of the victim’s cell phone at the time, it is confirmed that the victim’s knee is red, and the victim’s statement is supported by the injury diagnosis (16 pages of the evidence record). ③ The victim was under the influence of the victim at the time; ③ The victim was under the influence of alcohol; thus, the victim could have been aware of the fact that the victim might come out of his/her cell phone in the event of force.

In full view of the fact that the defendant appeared, as stated in the judgment of the court below, sufficiently recognizes the fact that the defendant inflicted an injury on the victim by causing the victim to be pushed ahead.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law by mistake of facts as pointed out by the defendant.

subsection (b) of this section.

B. The fact that the defendant does not seem to seriously reflect the crime by denying the crime until the trial is held, and that the defendant did not agree with the victim, etc.

유사 판례

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