(영문) 수원지방법원 2017.03.10 2016노8886 | 리걸엔진

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(영문) 수원지방법원 2017.03.10 2016노8886

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim by hand, as stated in paragraph 1 of the facts constituting the crime in the judgment below.

B. The Defendant, at the time of each of the instant crimes, was in a state of mental and physical weakness until mauriting off the water exemption (strokem) due to depressions, strokes, etc.

(c)

The punishment of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are recognized.

① Around 10:00 on October 4, 2016, at an investigative agency, the victim of this case stated to the effect that, as indicated in paragraph (1) of the facts constituting the crime in the lower judgment, the Defendant assaulted the victim’s chest by her finger on three occasions (the 20th page of the evidence record). (2) Prior to the instant case, the Defendant: (i) her father, who was the father of the victim before the victim’s house, or assaulted K by taking into contact the victim’s house (Evidence No. 21, 22, 49, 50, 51, 56-68 of the evidence record). (iii) The Defendant was under the influence of alcohol at the investigative agency as at the time of the instant case; and (ii) the Defendant was not aware of the fact that he was not aware of the fact that he was not guilty of the victim; and (ii) the Defendant was not guilty.

If so, the statement was made to the effect that it would be written (No. 97 pages of the evidence record). Comprehensively taking account of the above circumstances, the fact that the defendant assaulted the victim as stated in paragraph (1) of the crime committed in the judgment below is sufficiently recognized.

Therefore, the defendant's assertion of facts is without merit.

B. According to the records of the instant case’s determination on the assertion of mental and physical weakness, it is recognized that the Defendant had symptoms, such as influence, at the time of the instant case, and was under the influence of alcohol

In addition, according to the newspaper articles on the strokem submitted by one defendant at the trial, the above drug is stated together with alcohol.

유사 판례

-서울고등법원 2018.02.06 2017노3544

-대구고등법원 2016.01.14 2015노547

-의정부지방법원 2017.01.24 2016노3373

-서울고등법원 2018.08.09 2018노1086

-대구지방법원 2017.11.03 2017노3787