(영문) 수원지방법원 2016.10.13 2016노2781 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2016.10.13 2016노2781

폭행등

Text

The defendant's appeal is dismissed.

Reasons

Defendant

The defendant, on June 16, 2015, did not assault the victim D's breath or insult the victim by breathing him/her on the part of June 16, 2015.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding all of the facts charged in the instant case guilty on the grounds of the statement of D, etc. without credibility.

In light of the following: (a) the extent of assault and insult exercised by the Defendant against the victim D is relatively minor; (b) the Defendant committed the instant crime in the course of resisting the victim by failing to receive construction cost of KRW 300,000,000 from the victim; and (c) the Defendant was also damaged by the victim; and (d) the Defendant was aged 72 years of age and was suffering from cerebral disability, the lower court’s sentence imposing a fine of KRW 1,00,000 is too unreasonable.

Judgment

The lower court stated to the effect that the following circumstances can be acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake, and ① the victim D, in the investigative agency and the lower court’s court, “The Defendant was contacted on June 16, 2015, and reported to the police after receiving the communication that the Defendant was found to the “FIE” located in Osan-si, and reported to the police,” and the Defendant was humped to “FIE” in the form where the police officer and the daily worker are in the workplace, and sprinked to sprinks, and “FIE”. The contents of the statement are consistent and specific; ② The police officer G sent to FIE upon receiving the report, sent out the part of the Defendant’s losses at the time of the lower court to the “FIE” to the effect that the Defendant was cut off by the victim.

As time flows frequently, it is well possible for the defendant to accurately write down what part of the defendant, but the defendant was out of the body of the victim because the defendant was knife.

유사 판례

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