(영문) 춘천지방법원 2016.08.11 2015노490 | 리걸엔진

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(영문) 춘천지방법원 2016.08.11 2015노490

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

Reasons

1. Summary of grounds for appeal;

A. The part of the crime of assaulting Defendant 1: The Defendant, while she was in a vehicle, did not assault the victim by means of cutting down the victim’s arms, she did not do so by breathing or pushing ahead the victim’s breath.

B) The part of the crime of injury: Since the victim committed an act obstructing the performance of official duties, such as the victim's bucking, etc., he only lost the center of arresting the victim as an offender in the act of committing an offense, the defendant has no intention to injure the victim, and even if his intention is recognized, the illegality is dismissed as it constitutes a justifiable act.

In addition, at the time, the defendant was merely fluording the victim's name and did not sell his arms, and it is also unclear whether the victim's wife was due to the act described in Paragraph 2 of the facts charged in this case.

C) The part concerning the crime of abusing authority and the crime of arrest of abuse of authority: since the victim continued to engage in insult and intimidation, it constitutes a legitimate execution of duties since it was arrested and detained after arresting him as a flagrant offender.

2) Since a crime of confinement is established in the event that an arrest by misunderstanding the legal principles led to the occurrence of arrest, the court below erred by misapprehending the legal principles on concurrent crimes.

3) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, one year of suspended qualification) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding of facts

In light of the above, the defendant's above assertion is without merit, since the defendant can sufficiently recognize the fact that he assaulted the victim as stated in the crime No. 1 of the judgment of the court below.

2) The part concerning the crime of bodily injury A) the Defendant first saw the Defendant’s her cream or her hand.

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