(영문) 의정부지방법원 2017.12.11 2017노620

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.12.11 2017노620

특수폭행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake or misapprehension of the legal principles on ① special assault, Defendant 1 did not have the victim undergo a broke in front of the vehicle driven by the victim G intentionally, and the Defendant did not assault the victim I. As to the assault, Defendant did not assault the victim. ③ In relation to intimidation, Defendant did not intend to inflict harm on the victim L, but did not intend to do so, and did not have a situation to the degree of drinking.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. On May 28, 2015, the Defendant’s assertion of mistake as to the charge of special assault 1) The summary of the public prosecutor’s room was under dispute due to competition in the recruitment of students of ordinary school, while driving the E-M on the front of the DM on May 28, 2015, when he/she was driving on the DM on May 28, 2015.

As a result, the victim G(72) who is a driving school affiliated with FF driving school discovered a booming car by driving it, the boomed f driving school and caused the victim to take a booming car in front of the victim's vehicle.

In this respect, the defendant carried a dangerous object, and assaulted the victim.

2) The lower court found the Defendant guilty of this part of the facts charged.

3) The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court, namely, ① numerous vehicles, including the Defendant or the victim at the time, were waiting to signal at the D Mart Pare square, and continued to proceed to the road of this case, and the vehicle of the Defendant.

유사 판례

-의정부지방법원 2017.02.10 2015고단3586

-인천지방법원 2017.06.15 2017고단1494

-의정부지방법원 고양지원 2012.12.28 2012고단1221

-청주지방법원 제천지원 2016.02.04 2015고단660

-전주지방법원 군산지원 2019.06.14 2019고단571