(영문) 수원지방법원 2018.03.30 2017노8229 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2018.03.30 2017노8229

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the misunderstanding of the facts, misunderstanding of the legal principles (not guilty part in the judgment of the court below), police investigation report, photographs damaged by the injured person, Defendant’s statement at the police station, etc., the lower court acquitted the Defendant of the special injury among the facts charged in the instant case, but erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine (not guilty portion in the judgment below)

A. On October 24, 2016, the Defendant: (a) around 10:00, the summary of the facts charged in this part of the facts charged, at around 10:00, the Defendant: (b) was at the scam of the head of the victim’s right head; (c) calculated once the victim’s head head was the head of the victim’s head; and (d) took the part of the number of days of treatment, where the victim was the victim’s head was the victim’s head.

B. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court determined that this part of the facts charged constituted a case where there is no proof of crime, and rendered a judgment not guilty of the above facts charged.

① The Defendant consistently asserts from investigative agencies to the lower court’s trial, that the Defendant suffered injury from the victim’s disease in the small-scale area where the Defendant was made, but the small-scale illness on the floor was broom with the victim, and that the Defendant did not intentionally attempt to face the victim.

② As shown in the facts charged, only the statements of the victim and witness as shown in the investigation report (No. 4 of the evidence list No. 7136 case No. 716 case) is admissible as evidence.

The victim's statement is "any reason why the defendant drinks as the same person."

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