(영문) 울산지방법원 2015.11.06 2015노863 | 리걸엔진

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(영문) 울산지방법원 2015.11.06 2015노863

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 500,00, and a fine of KRW 200,00, respectively.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, Defendant A’s body fighting with the victim F at the time and place indicated in the facts charged of this case, but at the time, Defendant B was only satisfy, so it cannot be deemed that the Defendants committed joint assault with the victim as indicated in the facts charged, and there is no sufficient evidence to prove that the victim suffered bodily injury as a result of such satisfying, as well as all evidence to prove that this cannot be evaluated as a legal injury. In so doing, the judgment of the court below which found Defendant A guilty

B. In light of the overall circumstances of the instant case of unfair sentencing, each sentence (a fine of one million won is imposed on the Defendants: a fine of one million won; and a fine of three million won is imposed on the Defendants) imposed by the lower court on the Defendants is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the facts charged in this case and the summary of the judgment of the court below are as follows: “The defendants jointly do so, from March 14, 2014 to March 08:30, to 09:00, the "E bathe" and the escape room located in Ulsan-gun D, Ulsan-gun, about whether the defendants were involved in the sexual relation of the victim F (the age of 51). The defendants have discussed about whether or not the sexual relation of the victim F (the age of 51). However, the defendant A was guilty of the facts charged by taking into account the hand floor of the victim when the victim can blick the victim's head debt, and the defendant B sleeped the victim's head debt and sleeped the victim's head debt for about two weeks.” The court below found the defendant guilty of the facts charged in this case.

B. (1) The burden of proof of the facts charged in a criminal trial is the prosecutor, and the recognition of guilt is the judge's reasonable suspicion.

유사 판례

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-서울남부지방법원 2014.12.12 2014노1264

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