(영문) 창원지방법원 2015.07.23 2015노325 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.07.23 2015노325

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is consistent with the statement that the victim D was assaulted by the defendant, and the defendant also recognized the victim's shoulder-friendly fact, and the defendant's testimony corresponding to this, the court below found the defendant guilty of the facts charged of this case, but it erred by misapprehending the facts and affecting the conclusion of the judgment, since the court below acquitted the defendant on the ground that there was no evidence to acknowledge the facts charged.

2. Determination

A. Before deciding on the grounds for appeal of ex officio determination, the Prosecutor applied for permission to amend the Bill of Amendment to the Act with the purport that “the Prosecutor assaulted him/her in his/her son by taking his/her son at one time” among the facts charged as “the Prosecutor committed an assault with his/her son at one time,” and this Court permitted the same and changed the subject of the judgment. In this respect, the judgment of the court below is no longer maintained.

B. Determination of misunderstanding of facts: Provided, however, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the reasons for ex officio reversal as seen above.

The defendant surrounding the point of time of assault and the statement of G, F, the victim and the victim E are as follows:

1. The defendant only has a fact that he was satisfing the shoulder side of the victim who was satisfy in the court of the trial, and this is to satisfy F fighting between the victim and the defendant, without the intention of assault. The defendant consistently asserts that there is no intention of assault, and that there is no fact at the time of the initial police investigation into the victim's satisfy, and the victim's satisfy was satfy by misunderstanding the victim's satisfy at the time of the initial police investigation.

Then, the victim was pushed down with the victim and this F added to the victim, and the victim assaulted F, which is next to it.

유사 판례

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