(영문) 부산지방법원 2012.11.15 2012노2210 | 리걸엔진

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(영문) 부산지방법원 2012.11.15 2012노2210

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case without causing injury to the victim is erroneous in misconception of facts.

B. Unless otherwise specified, the sentence of the lower judgment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. On May 4, 201, at the trial of the party, the ex officio determination prosecutor, around 13:00, the Defendant inflicted an injury on the part of the victim’s left side of the part of the victim’s drinking and hand-on the floor of drinking and hand-on 10 times, on the ground that the victim E (the 46-year old) who is the wife of the Defendant (the 46-year old) fell out of the Dcafeteria operated by the Defendant in the Geum-gu Busan Metropolitan City, and then brought about the victim’s back part of the part of the victim’s left side side by drinking and hand-on 10 times again with the back part of the victim’s hand-on 10 times.

At around 13:00 on May 4, 201, the Defendant, on the ground that the victim E (the 46-year old) who is the wife of the Defendant (the son, who is the son of the Defendant) in the Dcafeteria operated by the Defendant in the Geum-gu Busan Metropolitan City, left without side of the Defendant’s side, 10 times in the part left side of the victim’s left side by drinking and handing away from 10 times in number, followed the victim’s left side side part to the victim’s back, followed the victim’s left side part to the victim, followed the lower part of the victim’s left side part by getting the victim’s back, and again, on the back of the part of the victim’s back to 10 times in number, the Defendant sustained the victim’s back to the back part of the 10-day medical treatment days and inflicted an injury, such

In this regard, the judgment of the court below was no longer maintained because it applied for changes to the bill of amendment, and the subject of the judgment was changed by this court's permission.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

3. The victim of the mistake of facts shall be at the investigative agency.

유사 판례

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