(영문) 광주지방법원 2019.06.13 2018노3046 | 리걸엔진

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(영문) 광주지방법원 2019.06.13 2018노3046

폭력행위등처벌에관한법률위반(공동폭행)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by a mistake of facts, the court below found the defendant's father E guilty of assaulting the victim jointly with E in order for the victim to take the victim's face one time by his/her hand, but the court below acquitted him/her of this part of the facts charged. The judgment of the court below is erroneous in the misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too uneased and unreasonable.

2. Determination

A. On January 15, 2018, at around 18:30 on January 15, 2018, the summary of the facts charged in the instant case is as follows: (a) the Defendant was found to have failed to proceed on the street in front of the Da driving car in Gwangju North-gu, Gwangju-gu; (b) and (c) the Defendant’s side E, who was accompanied by the Defendant’s vehicle in front of the city, was able to boom the victim, and was able to bl the victim’s face at one time by hand; and (b) the lower court found the Defendant not guilty of this part of the facts charged on the ground that the Defendant committed assault with the Defendant and the victim in front of the vehicle in front of Gwangju-gu, Gwangju-gu, on the ground that the Defendant’s Do driving car in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the front.

3. In light of the records of the above fact-finding and decision of the court below, the above fact-finding and decision of the court below is just, and there is no error of mistake of facts as alleged by the prosecutor in the judgment below, and the prosecutor's above assertion is without merit.

B. The crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant committed a crime of this case with respect to the assertion of unfair sentencing was caused by the appearance of a warning; and (b) the spit of spits by taking the victim’s bath and taking the spits into consideration

On the other hand, according to the black image, the victim is the victim.

유사 판례

-광주지방법원 2018.10.11 2018고정553

-서울서부지방법원 2014.02.10 2013고정2457

-인천지방법원 2019.09.27 2019노1098

-광주지방법원 2020.08.12 2019노1728

-서울동부지방법원 2015.09.09 2015고단303