(영문) 서울중앙지방법원 2017.09.15 2016노5338

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(영문) 서울중앙지방법원 2017.09.15 2016노5338

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) ① The Defendant did not inflict an injury upon the victim by forcibly cutting down his arms.

② Even if the Defendant was aware of the fact that he had the arms of the victim, the injury of the victim is merely a documentary evidence that the victim had, and thus, cannot be recognized as having the causal relation between the Defendant’s act and the injury of the victim.

③ The Defendant was unaware of the fact that the Defendant was suffering from the Defendant’s selling land, and it was not anticipated that the Defendant had the intention to inflict an injury on the Defendant, since it could not have been predicted that there was a fluoral fluor, etc. of the victim’s shoulder to the extent that the Defendant was fluoring and flu

shall not be deemed to exist.

2. Determination

A. On May 10, 2016, the Defendant: (a) at the conference room in Gangnam-gu Seoul Metropolitan Government “E” located in Gangnam-gu on May 16:30, 2016, the Defendant threatened the victim F with the victim’s eye, “I am off the eye” while leaving the victim’s eye with the victim’s eye, and opened the victim’s eye with the victim’s eye, and opened a mountain to the right side of the head of the victim’s body at the victim’s bar and fright it over twice, and opened the victim’s fright to the right side of the wall, “I am going to the end of this year, I am to the end of this year, I am going to the end of this year, I am to the right side of the victim’s body,” and let the victim knish and am to the right side of the victim’s body, and let the victim knish in front of the victim’s body, and let the victim do so.

B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of the evidence in its judgment.

(c)

(1) Determination of the above deliberation (A) related legal principles on the injury (A) In criminal cases, the injury diagnosis report proves the defendant's criminal facts together with the victim's statement.

유사 판례

-서울중앙지방법원 2016.11.30 2016고정2295

-창원지방법원 마산지원 2016.05.04 2015고단498

-서울북부지방법원 2018.10.05 2018고합253

-서울남부지방법원 2016.03.17 2015고합447

-부산고등법원 2017.04.20 2016노706