(영문) 서울중앙지방법원 2018.09.13 2018노844

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(영문) 서울중앙지방법원 2018.09.13 2018노844

폭행등

Text

All convictions in the judgment of the court below No. 1, 3 and the judgment of the court below No. 2 shall be reversed.

The defendant shall be punished by a fine of 1.5 million won.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding (as to the conviction part of the judgment of the court below No. 2), Defendant 1 was the victims at the time of the instant case

The court below found the Defendant guilty of each insultd the victim G, H and I, even though the Defendant was not guilty of the facts charged. The court below erred by misapprehending the legal principles on the part of the facts charged. The court below erred by misapprehending the legal principles on the part of the Defendant.

2) The lower court found the Defendant guilty of this part of the charges on this part of the charges even though it was difficult to view that there was no intention to intrude into a residence, and that there was a degree of harm to the peace of residence due to the fact-misunderstanding or legal doctrine (as to the lower judgment, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

3) Taking into account the various circumstances of this case’s unfair sentencing, the sentence of the lower judgment against the Defendant (the first instance judgment: the fine of KRW 1 million, the second instance judgment: the fine of KRW 700,000, the fine of KRW 3: the fine of KRW 100,000, the fine of KRW 1 million) is too unreasonable.

B. Prosecutor 1) misunderstanding of the legal principles (as to the part not guilty among the judgment of the court below 2), Defendant C, a senior citizen C, who had been living 80 years faithfully at the time of the instant case, has the ageed value.

The phrase “for the purpose of speaking,” refers to the expression of abstract judgment or anti-defensive sentiment that could undermine the social evaluation of the above victim, who is the president of the center for senior citizens, but the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous by misapprehending the legal principles on

2) The sentence sentenced to the second instance judgment against the illegal defendant is too uneasible and unfair.

2. The judgment of the court below, ex officio, is based on No. 1, 2, and 3 against the defendant.

유사 판례

-서울중앙지방법원 2016.08.25 2016노1618

-부산고등법원 (창원) 2017.07.12 2017노83

-대전고등법원 (청주) 2016.05.26 2015노200

-광주지방법원 2018.08.29 2018노824

-서울중앙지방법원 2018.11.22 2018노2484