(영문) 광주지방법원 2018.09.04 2018노328 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.09.04 2018노328

상해

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and misapprehension of legal principles did not intentionally cause a victim, and only the victim suffered injury in the course of spreading the victim’s assault.

In addition, the defendant's act constitutes a passive defense that is a legitimate defense.

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

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The lower court, based on the evidence duly adopted and investigated, ruled as follows.

① The facts charged of the instant case are fully recognized in a divorce judgment that became final and conclusive between the Defendant and the victim; ② the statements made by the victim are very specific and consistent; ③ there was a extreme conflict between the Defendant and the victim on the background and process of combustibility; ④ photographs taken on the upper part of the victim immediately after the victim was injured; and the victim’s photograph taken on the upper part; and the same year.

9. In light of the content, etc. of the medical certificate issued on October 1 and December 17 of the same year, the victim’s statements are fully believed and acceptable in all the facts charged in this case.

In light of the background of fighting between the defendant and the victim, the method and degree of violence used by the defendant, the standing and degree of the victim, and the response of the victim, acts such as those of the defendant in this part of the facts charged do not constitute a passive defense that can be evaluated as a legitimate act or a legitimate defense.

2) In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by the first instance witness was clearly erroneous.

In particular, the results of the first deliberation and the appeal are additionally made until the conclusion of the pleadings.

유사 판례

-창원지방법원 2018.02.14 2017노3483

-광주지방법원 2016.03.31 2015노1961

-제주지방법원 2017.07.06 2016노648

-서울중앙지방법원 2016.07.15 2016노1259

-대전지방법원 2018.12.13 2018노1926