(영문) 서울북부지방법원 2017.12.05 2017노1676

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(영문) 서울북부지방법원 2017.12.05 2017노1676

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable for the Defendant (six months of imprisonment, two years of suspended sentence, and ninety hours of community service order).

B. Prosecutor 1) In fact, although the defendant misunderstanding the victim's fingers and the victim's fingers are recognized as a causal relationship between the victim's fingers cutting and the victim's fingers cutting, the court below did not recognize it, and there is an error of law by misunderstanding the fact and affecting the conclusion of the judgment.

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

2. In addition to the legal principles and circumstances stated in the judgment of the court below as to the prosecutor's assertion of mistake, the following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below: ① since the defendant and the victim met only before the occurrence of the instant case, the defendant could not be aware of the victim's urology; ② since the instant case occurred through a new wall, the victim could sufficiently go to the hospital even at the same time; ③ if the victim continues to drink and tobacco after the outbreak of the urology, there is a possibility that the recovery of the urology might be delayed, and the victim was able to see the urology when her first time her urology had come to U.S. hospital, and the victim was her first time to her urology to her urology to her infection, ④ Even after the occurrence of the instant case, the victim could have been aware of the victim's urology and the victim's her son's son's son and her son's son's son without reasonable proof that her son and her her her her son.

We affirm the judgment of the court below that it was insufficient to view it, and there was a mistake of mistake as to the facts alleged by the prosecutor.

shall not be deemed to exist.

3. The degree of the instant crime is serious due to the determination of each of the unfair arguments in sentencing.

유사 판례

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-대전지방법원 논산지원 2017.02.14 2015고단638

-부산고등법원 2016.05.12 2016노123

-서울동부지방법원 2018.08.30 2018노443

-대구고등법원 2017.06.15 2017노163