(영문) 청주지방법원 2015.05.14 2014노1112 | 리걸엔진

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(영문) 청주지방법원 2015.05.14 2014노1112

폭행

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. The judgment against Defendant A is not guilty.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) Defendant A did not spit the retail part of the victim’s half-resistant shoulder or spit the victim’s face more than twice. Defendant B did not spit the victim’s shoulder in a single manner and spit the victim’s shoulder on the part of the victim’s face. 2) Defendant B did not spit the victim’s shoulder on the part of the victim’s face.

B. Each sentence of the lower court (Defendant A: a fine of KRW 1 million, Defendant B: a fine of KRW 500,000) against the Defendants on unreasonable sentencing is too unreasonable.

2. Determination

A. At around 11:00 on August 16, 2013, the summary of the facts charged by Defendant A1, Defendant A1: (a) stated that the victim D (the age of 26) who filed an application for provisional injunction against the Defendant at the vicinity of the statutory entrance of Cheongju District Court No. 221, Cheongju District Court (hereinafter referred to as “child, why is, the husband’s husband’s husband is deducted”; (b) stated that the victim’s anti-pack part was spited; and (c) assaulted the victim by spiting two times on the victim’s face; and (d) determined that the lower court convicted the Defendant of the facts charged by taking full account of each of the evidence in the summary of the evidence as indicated in the judgment below.

3) Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim and E, which are direct evidence of the above facts charged, are not reliable. The remainder of the evidence submitted by the prosecutor alone, is insufficient to deem that the defendant satisfe the part of the victim's anti-sature and satisfe two times above the victim's face, so long as it is beyond the reasonable doubt of the judge. The defendant's assertion of mistake of facts is reasonable. The victim of the mistake of facts is in a relationship with the defendant's spouse, but the defendant was aware of it and sent the victim's insulting and obscene contents together with the defendant B, and thus, the victim's body is disturbed.

유사 판례

-청주지방법원 2014.10.16 2014고정511

-전주지방법원 군산지원 2013.09.11 2013고단651

-서울서부지방법원 2015.10.22 2015고정1045

-인천지방법원 2015.09.18 2015고단5285

-서울중앙지방법원 2018.06.12 2018노843