(영문) 대전지방법원 2017.08.09 2016노2775 | 리걸엔진

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(영문) 대전지방법원 2017.08.09 2016노2775

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the injury to the victim E, the Defendant merely sent the Defendant’s arms with flaps, and did not inflict an injury upon the victim E at a price.

2) On the part of the assault against the victim F, the Defendant was only subject to the assault from the victim F, and there was no assault against the victim F.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. (1) As to the assertion of misunderstanding of facts, the victim E suffered injury to the victim E, unlike the statement in the investigative agency to the effect that he/she was faced with the right direction in the court of the court below, that he/she was faced with the left direction of the defendant's hand.

A statement is made, and it is not accurately memoryed in which part is reconvened.

In other words, the part of the injury was not clearly specified (the 80th page of the trial record), and K, a witness of the trial court, was continuously reported to the defendant and the victim E, but the defendant did not look at the victim E’s bat and at the victim’s level.

The testimony was made (No. 4 pages of the Protocol on the Examination of Witness K). However, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the trial court, namely, ① the victim E, in preparing the written statement immediately after the occurrence of the instant case, stated that “the victim E is subject to one-time violence at the right level” (No. 9 pages of the investigation record) and thereafter, in the investigation agency, “the Defendant’s “the Defendant’s drum against the width,” the head of flab, and the head of flab, one-time flab;

The idea that the net flance was wrong has shown to be shocked to the extent that it was shocked.

Therefore, I reported to 112.

The statement "(45 pages of investigation records)" (2) The victim E also clearly states in the court of original instance that the defendant suffered bodily injury by drinking wale at a time.

유사 판례

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