(영문) 수원지방법원 2018.08.31 2018노1588 | 리걸엔진

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(영문) 수원지방법원 2018.08.31 2018노1588

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in this case, the lower court dismissed the prosecution as to the assault, and sentenced the remainder of the facts charged, and the dismissal of the indictment is finalized as it is, since both the Defendant and the prosecutor did not appeal the dismissal part of the prosecution, the scope of the trial in this Court is limited to the guilty part of the lower judgment.

2. Summary of reasons for appeal;

A. Regarding the damage of special property among the facts charged in the instant case by mistake of fact, it is sufficient for the Defendant to overtake and stop the victim’s vehicle with his own vehicle, but there is no fact that the Defendant intentionally passed the vehicle and received the victim’s vehicle.

After stopping, the defendant immediately unloaded from the vehicle in order to resist the victim, and the defendant left the vehicle and got the victim to move the vehicle after leaving the vehicle after leaving the vehicle.

The judgment of the court below which found the defendant guilty of the facts charged for the damage to the special property of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

3. Determination

A. 1) The Defendant asserted that the lower court also argued that the damage of special property among the facts charged in the instant case was caused by the Defendant’s breaking the vehicle on the wind which the Defendant gets off from the vehicle, and that it was in conflict with the victim’s cargo vehicle.

As to this, the court below, consistent with the following circumstances acknowledged by the evidence duly admitted and adopted by the court below, i.e., the victim J, the defendant, consistently at the investigative agency and the court of the court below, tried to overtake the cargo of the defendant, and subsequently, the collision between the cargo of the defendant and the defendant, after the collision, exercised the following violence

The statement is written in detail, as well as the content of the statement.

유사 판례

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-제주지방법원 2016.01.19 2015고단1760

-서울남부지방법원 2018.04.26 2017고정1785