(영문) 수원지방법원 2013.11.28 2013노3363 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.11.28 2013노3363

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is consistent with F and the victim G misunderstanding, but the above misunderstanding did not contain hot booms, so the court below convicted the defendant, although the defendant's act did not deem that the victim suffered pictures, etc. of this case, it was erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding facts.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to the Defendant’s assertion, the lower court fully recognizes the fact that the Defendant, as stated in the facts charged in the instant case, was using a secret picture, etc., on the part of the victim, around two weeks of treatment, by making the Defendant’s temporary bordering F, and the victim G, with the string of the strings where she was seated.

Therefore, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is lawful, and the Defendant’s assertion contrary thereto is without merit.

B. ex officio determination of authority: (a) the F, the victim side of the crime of this case, first of all, had a misunderstanding to the Defendant, and caused damage to the Defendant and his/her married, which led to the occurrence of the crime of this case by interesting the Defendant; (b) there is room for sufficiently considering the circumstances leading to the crime of this case; (c) the victim’s situation appears to be relatively minor; and (d) the Defendant’s situation appears to be relatively minor; and (e) considering all the sentencing conditions, including the contents of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

참조조문

-형사소송법 제364조 제2항

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