beta
(영문) 서울중앙지방법원 2019.01.17 2018노2960

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, the Defendant: (a) at the time, there was only a fact that the victim opened a taxi window and knife the Defendant with his left hand, thereby preventing him from doing so; and (b) there was no trace of the victim’s flabing.

In addition, with respect to interference with business, the victim did not properly go to the death and rather did the victim go to the police, and the defendant tried to report the time to the police. The victim tried not to go beyond the defendant's own taxi and continued to put the victim away from the side of the above taxi driver's seat, so the defendant did not have the intention to interfere with business.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the victim from the investigative agency to the court of the court of the court below, "the defendant left the window by leaving the window towards the driver's seat, and then the defendant saw the defendant as a bath.

제가 ‘조금 늦게 봤어요. 섰잖아요. 그냥 가세요.’라고 말하자 피고인이 기분이 나빴는지 ‘가세요 싸가지가 없다. 내가 니 아버지뻘이다.’고 했다.

At that time, the customer was boarding on the back seat, and the defendant tried to start the business. The defendant was unable to leave the taxi driver's seat at the bar with his arms and thereby, "n'e gue is not a flaz. Sari. Sari. Sari. Sari. Sari. Sari."

Therefore, even though the Defendant said that it was “undeveloped...”, the Defendant does not flick, and thus again, the Defendant flicked to flick the left hand by inserting the left hand in the gap of the taxi windows where the Defendant opened.