(영문) 광주지방법원 2018.05.15 2017노4264 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2018.05.15 2017노4264

폭행치상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not assault the victim D.

2) Legal doctrine misunderstandings, even if the Defendant abused the victim.

Even if it is against the violence of the victim, it is a legitimate act that is not against the social norms.

3) The sentence of the lower court (an amount of KRW 500,000) that is unfair in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, including the victim’s statement and the victim’s statement, etc., the court below acquitted the victim of the injury caused injury to the victim by assaulting the victim for about two weeks of treatment as stated in the facts charged. Thus, the court below acquitted the victim of the injury caused by assault. Thus, the court below erred in the misapprehension of facts.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence on the Defendant’s assertion of mistake of fact, and ① the victim was closely involved in the police investigation and the lower court’s court court’s trial, and made a concrete and consistent statement on the process. In particular, in the police investigation, the police investigation: (a) was aware of the fact that a person who had been at the time when the Defendant was faced with his/her body; (b) later, he/she was self-employed.

The lower court stated that the Defendant was the victim’s body at the time of the instant police investigation (No. 98th page of the investigation record), the J pastor also received the victim’s body at the time of the instant police investigation.

The statement corresponds to the above statement of the injured party (10 pages of investigation records), 2 The spacker H considered that the defendant and the injured party have a conflict with each other in the police investigation, and that he saw that the defendant and the injured party had a ebbbbbbial.

According to the fact that the statement (6 pages of investigation records) and (3) the fact that the defendant is able to restore the floor toward the head of the victim's head (the investigation records are the 66 pages).

유사 판례

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