(영문) 전주지방법원 2016.06.24 2015노1325 | 리걸엔진

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(영문) 전주지방법원 2016.06.24 2015노1325

상해

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (misunderstanding of the facts), the court below erred in finding the Defendant not guilty of the facts charged of this case due to mistake of fact, although the Defendant could sufficiently recognize the fact that the Defendant inflicted an injury by assaulting the victim.

2. Determination

A. The summary of the facts charged is that the Defendant is a person who sets up a farm house in farmland adjacent to the rice cultivated by the victim C (70).

On July 18, 2013, the Defendant: (a) around 09:40 on July 18, 2013, on the ground that the victim was set off in the side of the farmland cultivated by the victim D, the Defendant: (b) whether the fech, fomb, dead, and plunder of the bitch of a bitch of a bit of a bit

In the case of "hinging the victim's face by hand and taking the victim's face, the victim needed two weeks of treatment."

B. The court below held that the victim's statement made by the defendant and the defendant's wife to the effect that the defendant's statement made by the defendant and the defendant's wife was consistent with the facts charged of this case as evidence consistent with the facts charged of this case, including the victim's place of crime, crime contents, relationship with the F that the defendant appeared, relation with the victim's witness of the crime, situation before and after the crime, etc. ② The defendant's statement was inconsistent with the victim's statement made by the defendant and the defendant's wife to the effect that the victim took the victim's hand, or pushed the victim's head, and did not take the victim's head, but did not take the victim's chest. However, the victim's statement made by the defendant when the defendant took the victim as stated in the facts charged of this case is inconsistent with the victim's statement made by the defendant. ② The defendant's statement was inconsistent with F and E's statement made by the victim's head with the victim's statements in detail at the time.

The defendant's statement is about the victim's head. This statement is about the victim's head.

“The victim’s statement at the lower court is the victim’s legal statement.

유사 판례

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-청주지방법원 2017.10.13 2017노570

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-대구지방법원 2013.05.09 2012노3958

-수원지방법원 2013.09.26 2013노378