(영문) 창원지방법원 2015.02.11 2014노2075 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.11 2014노2075

상해등

Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 2,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);

A. In relation to paragraph (1) of the facts charged, the Defendant merely scambling the victim's body and thus, it is difficult to view that the victim suffered the same injury as that indicated in the facts charged, so there is no causal relationship with the Defendant's act and the injury stated in

In addition, the defendant's act is merely a violation of the social rules by the victim F who unfairly obstructed the meeting of the defendant, and thus, it is not illegal.

B. As to the facts charged under paragraph (2) of this Article, it is difficult to view that the Defendant’s threat of harm and harm that could feel fear to the victim is a crime of intimidation.

C. Therefore, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment, although it should be acquitted on the facts charged of this case.

2. Determination

A. As to the Defendant’s assertion that there was no causal link with the Defendant’s act and injury (Article 1 of the facts charged), the lower court duly adopted and investigated the following circumstances, namely, ① the victim, at the time of the Defendant’s assembly on January 24, 2014, determined that the ampium of the ample, installed at the time of the Defendant’s assembly at the time of the assembly, and demanded to lower the ampium of the Defendant. However, while the Defendant was taken on a cell phone due to the Defendant’s failure to comply with the demand, the Defendant was forced from the back of the victim’s own cell phone to shoulder the blue, etc., and on February 7: 15, 2014, when the Defendant took the pl cards installed by the Defendant on a cell phone, the victim was deducted from the victim’s cell phone at the location of the Defendant and took the flue body, and caused the Defendant’s loss on the road by taking the flue signal at the time of the assembly.

유사 판례

-서울중앙지방법원 2015.03.27 2014노4842

-서울중앙지방법원 2021.04.27 2020노1762

-부산지방법원 2016.11.04 2016노1634

-창원지방법원 통영지원 2014.09.03 2014고정233

-수원지방법원 2016.06.29 2015나45694