(영문) 대전지방법원 2018.05.24 2017노3714 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.05.24 2017노3714

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. After filing the instant appeal on December 12, 2017, the Defendant failed to submit the reasoning of the appeal within 20 days, which is the submission period for the written reason of the appeal, even after receiving a notice of receipt of the records of trial on December 12, 2017 after receiving the notice of receipt of the records of trial. Moreover, the grounds for ex officio investigation on the records need not be found in the petition of appeal.

Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a joint defendant A rendered a judgment, a decision to dismiss an appeal against a defendant should not be made separately and a decision shall be rendered together without a decision to dismiss an appeal against a defendant.

2. Judgment on Defendant A’s appeal

A. The summary of the grounds for appeal by the Defendant 1) The Defendant did not assault the victim.

Even so, the court below held that the defendant injured the victim.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

B. Determination 1) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts are consistently stated to the effect that “the victim, from the investigative agency to the instant court, she was able to obtain head bonds from the Defendant and have taken face with drinking and hand,” and ② the name of the patient, etc. indicated in the medical certificate of injury written by the doctor I and J as of March 7, 2017, the next day of the instant case, and the victim’s victim’s victim’s victim’s victim’s victim’s victim’s assaulted the Defendant.

In full view of the following facts: (a) the Defendant and the victim were in line with the content and the part of injury; and (b) the Defendant and the victim appear to have been deadly at the time of the instant case; and (c) the Defendant assaulted the victim as stated in the facts charged in the instant case and thereby inflicted injury on the victim

유사 판례

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-대구지방법원 2016.07.08 2015노1950

-수원지방법원 2018.05.04 2016노7631

-청주지방법원 2018.10.04 2018노195