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(영문) 서울중앙지방법원 2017.06.08 2017노834

과실치상

Text

The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 of the misunderstanding of the facts and the legal principles, Defendant A of the misunderstanding of the facts, Defendant A of the misunderstanding of the victim’s knife and the knife that the knife knife knife knife knife knife knife knife knife as indicated in the facts charged,

2) The punishment sentenced by the lower court to Defendant A (one million won in penalty) is too unreasonable.

나. 피고인 B 1) 사실 오인 및 법리 오해 피고인 B는 공소사실 기재와 같이 피해자의 집 거실에 들어가거나 피해자의 가슴 부분을 잡고 때리는 시늉을 하는 등의 폭행을 한 사실이 없다.

2) The punishment sentenced by the lower court to Defendant B (one million won in penalty) is too unreasonable.

(c)

Defendant

C1) misunderstanding of the legal principles and mistake of facts, Defendant C entered the victim’s house with the consent of H, the wife of the victim, and thus, Defendant C does not constitute a crime of intrusion upon residence.

2) The sentence sentenced by the lower court to Defendant C (the 500,000 won suspended sentence) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.

1) Defendant B and C are married, and Defendant A is a female.

Victim G and his spouse H were residing in Gangnam-gu Seoul FF Loans (hereinafter “the instant loan”) 202, the Defendant’s house-based floor.

2) On June 7, 2015, around 16:30 on June 16, 2015, the victim went back to his own house by walking the face of the pet dog on the ground that the pet dog raised by the Defendants around the 1st floor of the 1st floor of the Dora in front of the instant 1st floor of the instant Dora, thereby suffering from the upper part of the pet dog, such as the opening of the pet dog (the Defendants asserted that the pet dog was knick by the victim).

3) Defendant A and Female K listen to the sound of the pet dog, and examine as close as possible, at the face of the pet dog.