(영문) 대전지방법원 2019.08.22 2018노3549 | 리걸엔진

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(영문) 대전지방법원 2019.08.22 2018노3549

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution on the charge of assault and sentenced the Defendant to a fine of KRW 1,50,000,000, recognizing the remainder of the charges as guilty. The Defendant appealed only for the guilty portion among the lower judgment.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the judgment of this court since the defendant and the prosecutor did not appeal.

2. Summary of grounds for appeal;

A. The time when the defendant entered the victim's main points by mistake of facts and misapprehension of legal principles is time when the victim's business was terminated, and at the time, the victim had the drinking place with a person who is not a guest, so it cannot be deemed that the defendant interfered with the victim's business.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

3. Determination

A. With respect to the victim's statement of the investigative agency of the victim of the relevant legal principles on mistake of facts and misapprehension of legal principles, the victim made a statement that corresponds to the facts charged at the investigative agency, and the victim made a somewhat ambiguous statement in the first instance court and the court of original instance. In such a case, when determining the credibility of the victim's statement at the investigative agency of the first instance and the court of original instance, it is common that the victim's memory in accordance with the empirical rule would face with the passage of time. Even if the victim of a criminal act made a statement that corresponds to the facts charged at the investigative agency, if he/she is asked by the defendant or his/her defense counsel about the authenticity of the statement that is definitely unfavorable to the defendant, he/she would be doubtful as to whether he/she is present at court and will be asked by the defendant or his/her defense counsel, and accordingly, it is highly probable that such

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