(영문) 부산지방법원 2017.04.27 2017노218 | 리걸엔진

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(영문) 부산지방법원 2017.04.27 2017노218

상해

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In fact, it is true that the defendant misunderstanding of fact had physical contact, such as catching D's hand, but the injury suffered D was caused by the Defendant's own loss, and it was not caused by the Defendant's head several times and the Defendant was faced with several walls. Thus, the lower court erred by misapprehending the fact, thereby convicting the Defendant of the instant facts charged.

B. The sentence sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 24, 2015, around 16:40 on September 24, 2015, the Defendant applied for changes in indictment to “E” in the facts charged of this case to “A, being towed to the front of the office” in front of the Busan-gu Seoul-gu building, where the Defendant was unable to repay his/her business obligation to the Defendant, making it difficult for him/her to make a usual appraisal, and the Defendant was forced to change the victim D (67 tax and female) to “E” in front of the 11th floor of the instant building, with the victim’s blaps and hand hand, while the prosecutor was leading to “E” in front of the 11st floor of the instant building.

In drinking, the victim's head is gleeped at several times on the wall, and the victim glicked on the floor, and the victim glicked down on the wall, thereby causing injury to the victim, such as flicking flicking flicking flicking flicking flicking flicking, which requires treatment for about five weeks.

B. The lower court determined that: (a) in light of the following: (b) there was no evidence related to the above injury; (c) the victim’s condition after the crime of this case; (c) the victim’s part and degree of injury; and (iv) the victim’s statement is generally consistent and specific; and (c) the victim’s statement is highly reliable; (d) the Defendant’s head was multiple times of the victim’s head; and (e) the victim was injured by the wall.

It is reasonable to view it.

Based on the judgment of the court below, the charges of this case are convicted.

유사 판례

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-서울동부지방법원 2016.10.13 2016고합242

-춘천지방법원 속초지원 2014.06.11 2014고단156

-대전지방법원 천안지원 2019.07.17 2019고단501

-대구지방법원 서부지원 2013.09.10 2013고단776