(영문) 부산지방법원 2018.07.26 2018노1872 | 리걸엔진

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(영문) 부산지방법원 2018.07.26 2018노1872

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of this part of the facts charged although the Defendant did not assault the victim by walking the victim. The court below erred in the misunderstanding of facts.

2) A special injury is caused by the Defendant’s debrising of a small-scale disease on the part of the consignee of Ireland, and the relevant small-scale disease was broken off by the bottom and the victim was injured by the victim. Although the Defendant did not intentionally cause a small-scale disease to the victim, the lower court found the Defendant guilty of this part of the facts charged, and the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court (seven months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On September 18, 2015, the Defendant assaulted the victim’s shoulder, clothes, etc. from several times due to the following reasons: (a) around 03:00 on September 18, 2015, on the ground that the victim E (n, 24 years old); (b) the victim’s other male-child tools, and (c) the victim has other male-child tools.

2) Around October 31, 2015, the Defendant: (a) had a horse or dispute with the victim at the place indicated in the foregoing paragraph 1. Around October 31, 2015, the Defendant: (b) had an open room for the part of the bridges where the number of days of treatment cannot be known to the victim because the bridge, which is a dangerous object in that place, was collected from the victim; and (c) had been placed in an open room

B. The lower court found the Defendant guilty of all the charges of this case by taking account of the evidence in its judgment.

(c)

1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court is not only in compliance with the rationality, logic, inconsistency, or rule of experience of the content of the statement itself, but also in compliance with the witness evidence or third party’s statement, and in the form of a witness being given a statement in the open court after being sworn at the front of a judge.

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