(영문) 부산지방법원 2016.04.29 2016노881 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.04.29 2016노881

업무방해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The judgment of the court below on the scope of the trial in this case dismissed the prosecution of assault against the victim C among the facts charged in this case and sentenced the remaining facts charged.

However, since the Defendant filed an appeal only against the conviction except the dismissal part of the above indictment, the dismissal part of the indictment was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. Fact-finding: (a) the Defendant did not take money by threatening the victim G or not inflict any injury on the victim G by threatening the victim; (b) the Defendant did not intend to withdraw money by threatening the victim J or K; and (c) there was no fact that there was no threat of the victim L.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.

3. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio prior to the judgment on the grounds for appeal by the lower court. Of the facts charged in the instant case, the summary of the Defendant’s attack against the Victim G on November 15, 2014 is as follows: “Around November 15, 2014, the Defendant 70,000 won in cash, the victim’s possession of the victim, located in the northwest-gu in Busan, is as follows: (a) the Defendant: (b) the victim G (the f1 year old), who was diving under the west-gu in Busan, on November 15, 2014; (c) the Defendant: (d) the victim G (the f1 year old-gu in this weather; (d) the f1 year old-gu in this weather; (e) the f1 year in this case does not run

They brought to Korea.

The main point of the injury is "the defendant," and the defendant, at the above time and place, had a scarcity in which the number of days of treatment can not be known to the victim when the victim G, as mentioned above, was put to a scarcity.

The "Act" is the same.

In the crime of conflict, in the case of injury by means of attack, the crime of attack is established separately from the crime of attack.

유사 판례

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