(영문) 서울남부지방법원 2018.05.25 2018노292

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(영문) 서울남부지방법원 2018.05.25 2018노292

특수폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not assault the victim, such as influoring the victim’s head about 4-5 times via an butane gas fluoring the victim’s head.

B. The sentence sentenced by the lower court (6 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged to the same effect as the grounds for appeal of mistake of the above facts. As to this, the lower court consistently sought an assault from the investigative agency to the lower court, as stated in the facts charged, from the Defendant to the lower court, and subsequently, attempted to assault again while driving away by the Defendant.

In making a statement, the victim also specifically stated the course and method of the assault, and the victim was diagnosed by two parts and parts of the hospital following the following day of the crime of this case, and the victim stated to the effect that the witness F, G, and H did not directly witness the scene of the assault, although he did not directly witness the scene of the assault, he was guilty of the facts charged of the crime of this case.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the defendant assaulted the victim as stated in the facts charged.

Since it is reasonable to see the judgment of the court below that there was an error by mistake of facts as alleged by the defendant.

shall not be deemed to exist.

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant appears to have suffered a lot of pains due to the instant crime, and the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the same crime, and the victim’s damage has not been recovered.

유사 판례

-서울남부지방법원 2018.01.31 2017고단3043

-수원지방법원 성남지원 2016.10.12 2016고단1793

-대전지방법원 2016.07.06 2015노3982

-수원지방법원 안산지원 2016.01.28 2015고정1204

-부산지방법원 2016.04.28 2015노3666