(영문) 수원지방법원 2018.05.31 2018노809 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.05.31 2018노809

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is aware of the fact that he was the victim E, but there was no fact when he was the victim F.

Nevertheless, the judgment of the court below which found the victim F guilty among the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged in accordance with the evidence duly examined and adopted by the court below as follows: ① In the investigative agency and the court of the court below, E stated to the effect that “The Defendant was the victim F who was fighting with both the Defendant and C”; ② in the investigative agency and the court of the court below, F stated to the effect that “the Defendant was the victim F, who was fighting with the Defendant,” “the Defendant was the victim E, who was the victim E,” and ③ the accomplice stated in the investigative agency and the court of the court below that “the Defendant was the victim F, who was the victim E,” and ③ the accomplice stated to the effect that “the Defendant was the victim E, who was the accomplice, was satise by satch due to satching, but it was difficult for the Defendant to satch with the other party,” the Defendant’s statement to the effect that “

B. Although considering the fact that the Defendant’s judgment on the wrongful argument of sentencing is against the Defendant, the fact that there was no history of punishment in the Republic of Korea, and the fact that the investigative agency compensates the victims for damages, these points appears to have been fully taken into account in the lower court’s judgment (the lower court reduced the fine amount of a summary order by somewhat less than the amount of a summary order), the Defendant’s age, sexual conduct, environment, family relationship, motive for crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. According to the conclusion, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

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-인천지방법원 2017.01.19 2016노3691

-부산지방법원 2018.11.30 2018노3437

-서울동부지방법원 2018.10.31 2018노898