logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.01.20 2014노768
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is without any injury to the victim, jointly with F, as stated in the judgment of the court below.

2. Determination

A. Before the judgment on the grounds for an ex officio appeal, the prosecutor applied for changes in indictment with the content that the facts charged are modified as follows. Since this court permitted this, the judgment of the court below was no longer maintained.

"C and D are the children and descendants of the defendant, E is the wife of the defendant, and F is the family affairs of the defendant.

At around 17:00 on October 25, 2013, the Defendant, along with F, used F to assault the Defendant’s dwelling room located in G and 202, and reported the Victim E (n, 78 years of age) to the Defendant and F with the Defendant. The Defendant used the Victim’s arms at drinking, knife the Victim’s knife, knife the Victim’s knife, knife the Victim’s knife, knife the Victim’s knife, knife the Victim’s knife, knife the Victim’s arms, and knife the Victim’s knife of the 42-day knife part, which requires medical treatment.

Accordingly, the defendant, together with F, injured the victim.

"The judgment of the court below is no longer maintained due to the above reasons for reversal of authority, but the defendant's assertion of mistake is still subject to the judgment of the court, and this is examined.

B. As to the changed facts charged in relation to the Defendant’s assertion of mistake of facts (determination of the Defendant’s assertion on the changed facts charged), the Defendant alleged that there was no injury to the victim, in collaboration with F with the same purport as the grounds for appeal. Thus, considering the evidence duly adopted and examined by the lower court, especially the evidence of the lower court, the protocol of police testimony of witnesses E and H, E, and H, and each police statement of injury, diagnosis certificate, and photo of the injured party, etc., the Defendant is F and the revised facts charged.

arrow