(영문) 청주지방법원 2018.11.16 2018노816 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.11.16 2018노816

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of violating the Punishment of Violences, etc. Act (joint conflict), high-ranking teachers, injury, violation of the Immigration Control Act, and violation of the Guarantee of Automobile Compensation Act among the facts charged in the instant case, and sentenced the dismissal of public prosecution regarding the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury). Since only the defendant appealed against the guilty portion and dismissed the public prosecution, the scope of the judgment of this court is limited to the convicted portion.

2. Summary of reasons for appeal;

A. With respect to the charge of an unqualified teacher among the facts charged in this case by misunderstanding the facts and misunderstanding the legal principles, the court below found the defendant guilty of this part of the charges, although the defendant did not have a joint defendant B (hereinafter "B") of the court below as stated in this part of the charges that he had been raped from E, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles, thereby affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year and four months of imprisonment, confiscation) is too unreasonable.

3. Judgment on the grounds for appeal

A. The judgment of the court below on the assertion of misunderstanding of facts and misapprehension of legal principles is reversed in detail in the part of the judgment of the court below as to the defendants' assertion. In comparison with the records, the judgment of the court below is just and acceptable, and in addition, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① A was present as a witness in the court of the court of the court below and the defendant who was on the road width at the time of the case was sexual assaulted to B.

A statement to the effect that “hinging voice as soon as he reported” (see, e.g., 92, 93 of the trial records) and “hings” as an employee in the original judgment and “H singings”.

V also to the court of the court below.

참조조문

-교통사고처리 특례법

-폭력행위 등 처벌에 관한 법률

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