(영문) 광주지방법원 2015.11.03 2015노819 | 리걸엔진

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(영문) 광주지방법원 2015.11.03 2015노819

폭행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

A. In order to make the victim confused, the Defendant made a statement to the victim E to the effect that “the victim committed an indecent act against G, thereby making a complaint to the Yacheon District Office,” and did not have an intention to impair the honor of the victim.

The defendant did not assault the victim with the right wheel of the front side of the vehicle with the disabled and the direction of the victim.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment on misunderstanding of Facts

A. The lower court’s portion of defamation is as follows based on the evidence duly adopted and investigated: (i) the victim expressed the Defendant’s wife G at an investigative agency when the victim intentionally stated that the Defendant’s wife G was seated with the Defendant’s seat, and that the Defendant stated that he was sexually indecent act against the victim at an investigative agency; and (ii) G stated that there was no suspicion against the Defendant that the Defendant was sexually indecent act against the victim at an investigative agency; and (iii) the Defendant also stated in the investigative agency that the victim reported the above act against G with the victim and did not constitute sexual indecent act even though it was bad; and (iv) the Defendant intentionally stated in the investigative agency that it was sexually indecent act.

Therefore, this part of the defendant's assertion of mistake is without merit.

B. On May 11, 2014, around 16:38, the Defendant committed assault against the victim on the ground that the victim F(60 years of age) was in front of the D apartment 106 dong-si, and the victim F(60 years of age) was in relation to defamation cases. However, the Defendant driving a vehicle with a disability on the part of the Defendant, who was on the part of the victim, toward the right side of the front side of the dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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