(영문) 수원지방법원 2016.06.24 2016노190 | 리걸엔진

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(영문) 수원지방법원 2016.06.24 2016노190

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have any negligence of notifying the victim of harm by driving a car, the lower court found the Defendant guilty of the facts charged of this case. Thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (the imprisonment of six months, the suspension of the execution of two years, and the community service work of 120 hours) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case brought about a dispute with the victim in the course of responding to the victim E (58 years old) who was stopped by the Defendant while driving a car (C) at the time of dialogue on the parking management and the settlement of fees when the Defendant stopped while driving a taxi (D) at the time of the conversation on the settlement of the parking fees for the Han-gu University Hospital located in 22-hon-ro 170, Jeonyang-gu, Jeonyang-gu, Seoul, 2015, around August 6, 2015.

Since then, the defendant and the victim moved the vehicle to stop each vehicle on the road before the entrance of the hospital, and re-entered the vehicle, and the defendant did not want to dispute any longer, and the defendant tried to get on the vehicle and avoid the job.

The victim is snicking in the drafting of a width to the defendant.

Whether drinking is not driving or not;

“In doing so, the police reported, and the body obstructed the front of the Defendant’s vehicle.”

Therefore, although the defendant talks with the victim several times, the victim continued to walk along the vehicle of the defendant, driving the vehicle, which is a dangerous object, and driving the vehicle into close to the victim, thereby threatening the victim to carry the vehicle, which is a dangerous object.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence in its holding.

(c)

(1) The above decision is consistent with the facts charged in this case.

유사 판례

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