(영문) 수원지방법원 2018.09.17 2018노2940 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.09.17 2018노2940

폭행등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

Reasons

1. The summary of the grounds for appeal (as to the guilty part of the judgment of the court below) is too unreasonable (as to four months of imprisonment, two years of suspended execution, and 120 hours of community service).

2. According to the records of ex officio determination, the prosecutor initially found the facts charged in the guilty portion of the judgment of the court below that the prosecutor inflicted injury on the victim, such as cerebral celeba which requires medical treatment for about 14 days for the next day after being pushed down the victim's neck by hand and cutting over the victim.

“In his hand, the victim was injured by plucking, plucking, plucking, and damaging the victim’s head, thereby causing injury to the victim, such as cerebral sugar, which requires treatment for about 14 days.

“A request for amendments to Bill of Indictment was made,” and the court below permitted the changes and recognized the changes in the subject of the judgment.

Nevertheless, the court below erred by misapprehending the legal principles on the subject of adjudication, which affected the conclusion of the judgment, since the court below found guilty of the facts charged before the above modification.

In this respect, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed, and the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment (guilty in the judgment of the court below)] On April 19, 2017, the Defendant inflicted injury on the victim E (57) of the above service center in a dispute with the head of the said service center, and caused a pluck up to 14-day medical treatment by plucking, plucking up, etc., of the victim’s head debt, in light of the fact that the Defendant visited the vehicle to repair the vehicle around 11:00 on April 19, 2017.

Summary of Evidence

1. The defendant's oral statement in court;

1. The judgment of the court below.

유사 판례

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