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(영문) 광주고등법원 2017.05.11 2016노462
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

Of the guilty parts of the judgment of the court below, the part on the crime Nos. 2, 3, and 4 shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. In light of the following facts: (a) Prosecutor 1) consistent with the victim’s statement; (b) the occurrence of a wound, etc. is not a requirement for the establishment of a crime of assault; and (c) the Defendant only confessions in addition to the victim’s statement only when there is any other evidence; and (d) the Defendant was guilty of the points of assault among crimes No. 2016 high 242; (b)

2) The sentence sentenced by the court below to the defendant (the part concerning the crime No. 1 in the judgment of the court below: Imprisonment with prison labor for 4 months and the part concerning the crime No. 2, 3 and 4 in the judgment of the court below: Imprisonment with prison labor for 1 year and 2 months) is deemed to be too unf

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. Determination

A. On May 10, 2016, at around 05:00 on May 10, 2016, the Defendant used the victim’s face on one occasion by drinking alcohol while drinking the victim E and drinking alcohol at around 05:00, the summary of this part of the facts charged, and assaulting the victim by putting the victim’s head debt on hand.

2) In light of the following circumstances, the lower court determined that the part of the facts charged in the instant case No. 2016 Gohap 242 was proven without reasonable doubt.

It is difficult to see

On the other hand, not guilty was pronounced in accordance with the proviso of Article 325 of the Criminal Procedure Act.

① The Defendant consistently denies this part of the facts charged from the investigative agency to the court of the original trial. While the statutory penalty is more severe, there is no special reason to deny this only for this part of the facts charged while making a confession.

(2) Where the defendant interferes with other business affairs, there is no fact that he/she directly exercises the victim's tangible power beyond taking a bath or avoiding disturbance, and even in the case of this part of the facts charged, the injured party is merely the mother of the defendant.

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