(영문) 서울남부지방법원 2018.06.28 2017노1282

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(영문) 서울남부지방법원 2018.06.28 2017노1282

폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of the Defendant) states that the lower court acquitted the Defendant of part of the facts charged in the instant case, and that the victim left a criminal complaint against the Defendant and got personal attack in the Kakakao Stockholm. In light of the fact that the injured party could have taken into account the background leading up to the Defendant’s crime committed in a contingent manner by showing the situation where the Defendant committed the instant crime, such as communicating with the investigator in the presence of the Defendant, etc., the punishment (amount to KRW 700,000) sentenced against the Defendant is too unreasonable.

2. Determination

A. The court below found the Defendant not guilty of the crime of assault, which is related to the crime of this case, on the ground that there is insufficient evidence as to the part of the facts charged that "The Defendant committed assault against the victim, such as putting the victim's head, scam, scaming the victim's head, scaming the victim's head, and intending to affix the victim's head," while putting the victim's head at the association office located in Yeongdeungpo-gu Seoul Metropolitan Government around 12:00 on October 17, 2016, the court below found the Defendant guilty of the crime of assault, which is related to the crime of this case, on the ground that there is no proof of the crime."

However, in a case where the first instance court has found a guilty only for a part of the facts charged which is a simple crime, even if the appeal is filed by only the defendant, the appeal shall be filed in whole, and the appellate court may adjudicate on the part not guilty (see, e.g., Supreme Court Decisions 91Do84, Jun. 25, 1991; 200Do500, Feb. 9, 2001). If we compare the judgment of the court below with the records on the part which was found not guilty at the court below, the judgment of the court below is justified, and this part of the court below's decision shall be maintained as it is.

B. The defendant has yet to agree with the victim regarding the defendant's unfair argument of sentencing.

참조판례

-대법원 1991. 6. 25. 선고 91도884 판결

-대법원 2001. 2. 9. 선고 2000도5000 판결

유사 판례

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