(영문) 대전지방법원 2017.09.13 2017노2096 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.09.13 2017노2096

특수폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not err by entering the victim C’s back head on the ground that he/she was the subject of a dangerous object, such as the Defendant’s accusation No. 2016 High Order 2016, 2988.

However, the lower court found the Defendant guilty on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of fact: (1) The victim was at the investigative agency and the court of the court below where the defendant was the victim's head due to the victim's illness.

The consistently stated statement (Provided, That although the victim made a statement in the court of the court of the court below that "the victim was "the time when the victim was in light of the body of the victim", the question to confirm whether the damaged part of the court of the court of the court below re-written “the memory was "the body of the victim," 150, 156 pages of the trial record) and 2 The police officer I dispatched to the site of this case on the day of the court of the court of the court below that "at the time when the damaged person was the victim

In full view of the facts stated in the statement "," the defendant may fully recognize the fact that he/she committed assault by taking the back head of the victim into custody once as stated in this part of the facts charged.

Therefore, the judgment of the court below is erroneous in the misapprehension of facts as pointed out by the defendant, which affected the judgment.

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, the fact that the defendant recognized some of the crimes against the defendant, against the mistake, that the victim C does not want the punishment against the defendant, and that the defendant must support the parents of his/her parents, is favorable to the defendant.

However, the defendant has repeatedly committed a crime related to violence while under the influence of alcohol.

유사 판례

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-광주지방법원 2016.07.19 2015노3528

-광주지방법원 2014.11.20 2014노2331