(영문) 의정부지방법원 2018.04.09 2018노189

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.04.09 2018노189

특수상해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts or misapprehension of the legal principles did not commit the instant crime, even though the above head of the Si/Gun was out of the ground without reaching the victim, in order to deceive the victim who tried to drive drinking in the process of breaking the victim who was divingd at the defendant's house.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2) The sentence of the lower court that is unfair in sentencing (for 8 months of imprisonment, 1, 200) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the defendant's assertion of misunderstanding of the facts or misapprehension of the legal principles, the court below's determination as guilty is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of the legal principles as pointed out by the defendant.

shall not be deemed to exist.

1) The victim suffered the same injury as the stated in the judgment from the investigative agency to this court by consistently complying with it.

was stated.

In particular, on September 22, 2017, when the victim escaped first after the knife in the knife, the victim was stamped by the defendant outside the house of the defendant, and when the victim reported in 112, the victim was able to have the knife and passed back by the defendant.

The statement was made (Evidence No. 191 page), and in the case of a file in which the victim recorded the voice reported to 112 at the time of the case, the victim knife "in knife".

For the elderly, the victim seems to have referred to the luxrym of luxa and luxa, which was used in the crime, as the luxym of lux.

This refers to the following.

유사 판례

-서울남부지방법원 2016.01.28 2015노1740

-수원지방법원 2018.06.21 2017노7523

-서울고등법원 2018.08.23 2018노982

-춘천지방법원 2016.04.27 2014노1099

-서울고등법원 2018.11.29 2018노1532