(영문) 대전지방법원 2016.09.28 2016노2145 | 리걸엔진

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(영문) 대전지방법원 2016.09.28 2016노2145

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the victim was injured by mistake of fact, and there is no fact that the victim was injured by the victim who tried to get out of the front door, and that the victim was injured.

However, the lower court found the Defendant guilty of all the charges of this case. In so determining, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. The following facts acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of fact: ① The victim, as consistently from the investigative agency to the court of the court of the court below, continued to take the body of the victim from the defendant who entered the front door, and continued to take the body from the front door until he went out of the front door.

The statement is made, ② the statement of the bodily injury (34 pages of the investigation record) and the photograph taken of the parts of the damage (36-40 pages of the investigation record) correspond to the above statement of the victim. ③ Each statement of witnesses (87-92 pages of the investigation record) is related to the appearance of the victim after the victim has already been closed from the defendant. Thus, the victim does not appear to have been fit for the defendant, and solely on the ground that there is no such content in each statement of witnesses, the witness did not commit the crime of inflicting bodily injury on the part of the victim who wants to flee.

According to the circumstances such as the fact that it is not possible to view, the fact that the defendant tried to flee is sufficiently recognized.

Therefore, we affirm the judgment of the court below which found the defendant guilty as to this part of the facts charged, and there is no error of mistake as to the facts pointed out by the defendant.

B. The fact that the criminal defendant was replaced by the crime, and the victim's intention of apology.

유사 판례

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