(영문) 인천지방법원 2019.03.21 2018노2382 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.03.21 2018노2382

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Although there is a fact that the victim of misunderstanding of facts and the victim of misunderstanding of facts have made a horsefighting due to noise problems, there is no assault against the victim.

B. The sentence imposed by the court below (two years of suspended execution, probation, 120 hours of community service order in six months of imprisonment) is too unreasonable.

B. Considering the criminal records of the prosecutor’s defendant, the sentence imposed by the court below is too unfortunate and unreasonable.

2. Determination

A. In full view of the circumstances indicated by the lower court in its judgment on the Defendant’s assertion of mistake of facts and the following facts recognized by the evidence duly admitted and investigated by the lower court, the lower court’s judgment is justifiable inasmuch as the Defendant committed an assault against the victim.

(1) At the time of dispute between the defendant and the victim, F made a statement that the defendant was unable to see the scene of assaulting the victim, and there is no person who has observed the scene of assaulting the victim by the defendant.

② However, at around 00:21, the police reported by the victim on the day of the instant case, the victim stated to the police that “the male residing in K head and head, etc. were assaulted by the male residing in K head, etc.”

In addition, the victim has made a statement different from the witness's statement or different statements for the specific and detailed contents, but the victim consistently argued that the first police officer from the time when the witness was dispatched to the trial to the trial.

③ On January 14, 2018, immediately after the instant case, the victim taken his/her face on January 14, 2018, and appears to have a flickly flicked flick around the victim’s snow.

B. An unfavorable circumstance is that the defendant has the same kind of and past convictions on the defendant's and prosecutor's assertion of unfair sentencing.

However, due to the noise between floors of the defendant, I am.

유사 판례

-인천지방법원 2019.03.21 2018노2382

-서울북부지방법원 2018.04.06 2018노202

-서울남부지방법원 2015.07.09 2015노396

-서울고등법원 2019.02.11 2018노2766

-의정부지방법원 2019.05.24 2018노1419