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(영문) 인천지방법원 2018.04.13 2017노4268

특수폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and legal principles: (a) the Defendant misunderstanding of facts and misunderstanding of legal principles expressed an desire with the victim while engaging in a dispute with the victim; (b) did not brut the victim; (c) did not have the victim; (d) did so; and (e) did not spath or threaten the victim’s disease.

B. The sentence of the lower court (one million won in penalty and one million won in the cost of lawsuit) is too unreasonable.

2. Determination:

A. A. On March 23, 2018, an ex officio judgment prosecutor filed an application for changes in the indictment with the content that “the ex officio judgment prosecutor cited and boomed the main illness and boomed the victim,” among the facts charged in the instant case, changed to “the victim’s breath and boomed the victim by booming the main illness, and assaulting the victim by drinking breath.” Since this court permitted this, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, which will be examined below.

B. The following circumstances acknowledged by the lower court’s determination as to the Defendant’s misunderstanding of the facts and legal doctrine were duly adopted and investigated by the evidence duly admitted and investigated by the lower court. In other words, the Defendant, as a guard assistant, i.e., (a) went back to the back of the guard room even though he was on night duty, and (b) went back to the guard room, and was in dispute with the victim. (b) At the same time, F, who observed this point, stated that “the Defendant did not have a victim’s disease,” while stating that “The Defendant was closely sealed with the victim in the guard room to the extent of four square meters, and the victim went out of the guard room.”

The fact that the defendant stated that the defendant was sicker when brut with the victim, which is tightly sound and sound, (51 side of the trial record).