(영문) 창원지방법원 2021.01.28 2020노2415 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2021.01.28 2020노2415

특수상해등

Text

The judgment of the court below is reversed.

The crime No. 1 in the annexed list of crimes (1) and (2) in the judgment of the defendant (i.e., November 10, 2016).

Reasons

1. Summary of grounds for appeal;

A. Although the lower court found the Defendant guilty of special injury to the victim P and B, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(1) Under the consent of the victim P, the defendant francing the victim P as a living day under the pretext of the living day (criminal facts of the judgment below)

2. A. (2) The defendant did not unload the left hand floor of the victim B by stone (the facts constituting the crime in the judgment below)

2. B. B. b. The punishment sentenced by the court below [the punishment No. 1 of the list of offenses listed in the [Attachment] (1), (2) each year (the forgery of a private document, the uttering of a document of investigation, and fraud on November 10, 2016)] is too unreasonable.

2. Determination

A. The facts constituting the crime in the judgment of the court below as to the misapprehension of the legal principle

2. A. Relevant court below stated that the victim P did not seem to have been able to be found by the evidence duly adopted and investigated by the court below, namely, ① the victim P’s upper part of the victim P’s body on the day of the instant case (Evidence Nos. 2774 of evidence Nos. 2019 and 2774 of the victim’s body list No. 12 of the victim’s body), ② the victim P’s mar was confirmed to have a large size of mar on the part of the body, ② the AI who observed the instant crime, stated that “the victim P did not seem to have been able to have been sarbbling as if the victim P was sard under the name of sarbling,” and that “the victim P was sarked to have been sarbling at the night, but was sarbling at the time of sarbing (Evidence No. 378, 383, 384 of the evidence record), even if the victim consented that P was punished by the victim’s.

In full view of the fact that it is difficult to see, the victim P consented to violence to the degree of injury or the defendant's act.

유사 판례

-대구지방법원 2016.01.14 2015노4470

-서울동부지방법원 2017.08.10 2017노667

-서울북부지방법원 2016.08.25 2016노632

-서울중앙지방법원 2016.09.29 2016노1406

-광주지방법원 2018.09.12 2018노2118