(영문) 대전지방법원 2018.10.11 2018노2217 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.10.11 2018노2217

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts, despite the fact that the Defendant was at the time of the Victim C around September 2, 2014, despite that the Defendant did not have any injury as described in the instant charge No. 1-A, the lower court erred by misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court rejected the Defendant’s assertion on the same purport as this part of the allegation, on the grounds as indicated in its reasoning.

Examining the reasoning of the judgment below in light of the record and closely, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, each of the crimes of this case is against the defendant, since the defendant committed a continuous and repeated mental pain against not only the victim C who was in an internal relationship with him/her, but also against D who was his/her own child, and the crime and circumstances are defective without any further consideration, the defendant did not receive a letter of suspicion from the victims up to the trial, and the defendant had several criminal records including the same criminal records.

However, most of the crimes of this case are recognized by the defendant, the defendant deposited KRW 3 million for the victims before the pronouncement of the judgment of the court below, and above all, the defendant additionally deposited KRW 5 million for the victims after the conclusion of the oral argument of the court below, and there is no record that the defendant has been punished by a suspended sentence or higher before the crime of this case, and other circumstances before and after the crime of this case are committed.

유사 판례

-광주고등법원 2015.02.12 2014노350

-서울고등법원 2014.07.18 2014노1041

-광주고등법원 2017.11.23 2017노330

-서울고등법원 2015.04.10 2015노503

-대전지방법원 2018.07.05 2017노1179