(영문) 서울남부지방법원 2015.03.26 2014노2112

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.03.26 2014노2112

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of the grounds for appeal (Defendant B);

A. After a fighting match between Defendant A and the victim, the victim was found guilty on the ground that the victim was satisfed with drinking again, and the victim was satisfe with both descendants, and did not inflict an injury on the victim jointly with Defendant A, the lower court convicted him of the fact.

B. The lower court’s sentence of an unreasonable sentencing (1.2 million won of fine) imposed on the above Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding Defendant B’s assertion of mistake of facts, Defendant B is recognized as having pushed the victim as stated in the facts charged of this case.

Then, I will look at the facts charged that Defendant B had the victim go against his body in a car parked in that place, and caused the victim to go in cooperation with Defendant A and put the victim into the control of the victim.

The statements made by the victim's accusation and investigative agency, which are evidence consistent with this part of the facts charged, are difficult to believe as they are in light of the victim's body fighting, such as field CCTV CD video (as a result of the video, the body fighting between the defendant A and the victim, such as breathing and pushing the bomb, etc., and then the victim again left the defendant A at that time, and the victim's b was faced with the victim's bomb by hand, and it is not recognized that the victim's b was pushed down with the victim's bomb, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged against the defendant B.

Therefore, the facts that Defendant B abused the victim are recognized, but the facts charged of the instant case that Defendant B inflicted an injury on the victim jointly with Defendant A do not have any proof as to the facts charged.

B. The judgment of the defendant A ex officio is made against the defendant A.

유사 판례

-서울동부지방법원 2016.12.08 2016노991

-광주지방법원 2015.12.23 2015노2093

-의정부지방법원 2014.10.30 2014고정548

-청주지방법원 2019.02.21 2018노1153

-수원지방법원 2015.08.12 2014노3805