(영문) 수원지방법원 2018.06.22 2017노9247 | 리걸엔진

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) 수원지방법원 2018.06.22 2017노9247

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

The judgment below

The guilty portion shall be reversed.

Defendants shall be punished by a fine of four million won.

The defendants are the defendants.

Reasons

1. The summary of the grounds of appeal 1) The prosecutor (1) comprehensively taking account of the evidence submitted by the prosecutor to mislead the facts (not guilty portion) and the evidence submitted by the prosecutor, the defendants could sufficiently recognize that the defendants invaded the apartment house of this case, which is the victim's residence, and thereby prejudice the peace of de facto residence, but the court below acquitted the defendants

(2) The punishment sentenced by the court below to be sentenced to unfair sentencing (the amount of a fine of four million won) is too unfortunate and unfair.

2) Defendants ① misunderstanding the facts (the violation of the Punishment of Violences, etc. against the Defendants (the violation of the Act on the Punishment of Violences, etc. against the Defendants) is merely that the apartment of this case is owned by Defendant A, and it is merely that the victim has a trust in the name of the victim. Even if the apartment is owned jointly by domestic affairs, Defendant A and the victim at the time of the instant case were married under the law.

However, the lower court convicted the Defendants of this part of the charges by misunderstanding the facts.

② The lower court convicted Defendant B of this part of the facts charged, by misapprehending the legal doctrine, even though there was no misunderstanding of the legal doctrine (a threat against Defendant B) without fear of threatening or fear by receiving the text message sent by Defendant B.

2. We examine ex officio the grounds for appeal by both parties, prior to the judgment

In this Court, the prosecutor applied for the amendment of a bill of indictment to delete the part of the "indiv" and the part of the "indiv, etc." to the 14th sentence of the indictment, and since this Court permitted it and changed the object of the adjudication, the conviction part of the judgment below cannot be maintained.

However, both parties' assertion of misunderstanding of facts and Defendant B's assertion of misunderstanding of the legal principles are still subject to the judgment of this court.

3. Determination 1 on the Prosecutor’s assertion of mistake of facts) The lower court, based on the following reasons, submitted by the Prosecutor.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-서울고등법원 2016.03.30 2016노80

-광주고등법원 2017.08.31 2017노195

-서울고등법원 2017.01.12 2016노3435

-수원지방법원 2018.07.06 2018노304

-대전지방법원 2018.08.16 2018노91