(영문) 서울남부지방법원 2016.05.20 2015노745

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(영문) 서울남부지방법원 2016.05.20 2015노745

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the crime of bodily injury is erroneous in the misapprehension of the legal principle, although the defendant misunderstanding the fact that the victim obstructed the front of the victim and pushed the victim, and thereby the victim was not at the location of the bodily injury as stated in the facts charged.

B. The court below erred in the misapprehension of legal principles in finding the Defendant guilty even though the Defendant’s act constitutes a justifiable act that does not violate the law or social rules, since the Defendant committed a passive act to prevent the victim from getting out of the scene, since the Defendant’s act constitutes a lawful act that does not violate the law, and thus constitutes a lawful act that does not violate the law.

(c)

The sentence of the court below's unfair sentencing (the amount of 700,000 won) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, and in particular, in light of the fact that the victim was issued a medical certificate that he suffered "in the left-hand slots and satisfactions" on the day of the instant case, and obtained water treatment and medicine prescription, and the cause of the injury in the above medical certificate is stated as "influence (patient's assertion)," it is consistent with the facts of the instant case. At that time, there is no objective reason to reject the probative value of the medical certificate of injury, such as where the victim discovered a circumstance that could otherwise suffer injury due to assault by a third party or where it was revealed that the doctor prepared a false medical certificate from a third party, etc., it can be sufficiently recognized that the Defendant suffered injury as stated in the facts charged by the victim.

B. Regarding the misapprehension of legal principles

유사 판례

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