(영문) 창원지방법원 2015.06.25 2015노204 | 리걸엔진

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(영문) 창원지방법원 2015.06.25 2015노204

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged is that the Defendant was an employee from around November 9, 2013 to April 8, 2014, the victim D (n, 49 years of age) operated in Seocho-gu Seoul Special Metropolitan City as an employee.

On March 8, 2014, the Defendant: (a) around 03:30 on March 8, 2014, on the ground that the victim had previously made a serious speech to himself/herself; (b) obstructed the victim’s neck, which is a dangerous object on the table, after he/she finished down, she saw the victim’s neck with her face with her hand kh, and assaulted the victim by asking the victim’s left part.

2. The lower court rendered a not-guilty verdict on the part of the facts charged, on the ground that there is insufficient evidence to acknowledge the fact that the Defendant was hicker Sicker’s shoulder, which is a dangerous object, and sentenced the Defendant to a fine of KRW 5 million, while recognizing the crime of assault on the remaining part of the facts charged which is a relation with the above facts charged.

3. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The lower court rejected the victim’s statement that the Defendant of the public prosecutor made a knife from the Defendant with a knife, and there are evidence corresponding thereto, and acquitted this part of the facts charged, and the lower court found the Defendant not guilty of this part of the facts charged, and the sentencing was too unfeasible due to such misunderstanding of facts, and was

4. Judgment of the court below

A. 1) The victim consistently stated that, from the date immediately after the instant case to the court of the court below, the Defendant has reached knife by shouldering the soldiers, and in particular, at the police box immediately after the instant case, the Defendant did not want the punishment of the Defendant, but made a statement as above. Each letter stating that the Defendant himself/herself was divided into the victim’s flife and flicking the soldiers, stating that he/she was accompanied by the victim’s flife at the victim’s flife and flife at the scene (a copy of the complaint, accompanied by the

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