(영문) 부산지방법원 2014.10.10 2014노1827 | 리걸엔진

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(영문) 부산지방법원 2014.10.10 2014노1827

폭력행위등처벌에관한법률위반(공동상해)

Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment for one year, and Defendant B for 8 months and for a fine of 3,00,000 won.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of mistake of facts (Defendant B) in the judgment of the court below, Defendant B did not assault the victim G.

B. The first instance court’s imprisonment with prison labor for one year and four months sentenced to Defendant A, and each sentence sentenced to Defendant B by the lower court (the first instance court’s imprisonment for 10 months, the second instance court’s fine for 1 million won, and the third instance court’s fine for 2 million won) is too unreasonable.

2. Determination ex officio (Defendant B) cases of this Court No. 2014No1827, the appeal case against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of first instance, and the appeal case against the judgment of the court below No. 2014No2352, which is the case of appeal against the judgment of the court of second instance, were consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the court of first instance are concurrent crimes under Article 38(1) of the Criminal Act, and a single sentence shall be imposed to the extent that the aggravated punishment is imposed.

3. Although the judgment of the court below on the Defendant B’s assertion of mistake of fact has a ground for ex officio reversal, the Defendant B’s assertion of mistake of fact is still subject to the judgment of the court, and this is to be examined.

In full view of the evidence duly admitted and examined by the court below, the following circumstances, i.e., ① the victim G is consistently stated from the investigative agency to the court of the court below that it was assault and injured as described in the facts charged, as well as from Defendant B, and ② The instant medical certificate and the written hospitalization of this case are written in the name of Byung, stating “the knee knee se se se se se se se se se se se se se se se se se se se se se se se se

참조조문

-형법 제37조

-형법 제38조 제1항

유사 판례

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