(영문) 부산지방법원 2020.02.06 2019노2825 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2020.02.06 2019노2825

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of assault, although the victim cannot be deemed to have expressed his intention not to punish the defendant, it is recognized that the victim expressed his intention not to punish the police officer solely on the investigation report, and dismissed the public prosecution on this part of the facts charged, the judgment of the court below is erroneous by misapprehending the legal principles or by misapprehending the legal principles

B. As to the damage of property, according to the victim's statement or the statement of 112 reported case processing statement, etc., the judgment of the court below which acquitted the defendant of this part of the facts charged, even though the defendant sufficiently recognized that the table owned by the victim was damaged.

2. Determination

(a) No victim may withdraw or again express his/her wish to punish after the victim explicitly expresses his/her wish not to punish one time in relation to the crime of assault;

(2) According to the evidence duly adopted and investigated by the court below and the court below (see, e.g., Supreme Court Decision 2007Do3405, Sept. 6, 2007). According to the evidence duly adopted and investigated by the court below, the police officer E, who was dispatched at the time of the occurrence of the instant case, sought a punishment for the Defendant at first time when the victim's intent to punish the Defendant was confirmed. However, the victim's mother at the scene of the victim's mother-child, and again, the victim confirmed the victim's intent to punish the Defendant, but the victim confirmed the victim's intention to punish the victim, but the victim expressed the victim's intention that "the victim would not want the punishment for the Defendant," the victim instructed the victim to file a complaint if the victim wishes to punish the Defendant even after the occurrence of the instant case, and the victim again filed a complaint by assaulting the Defendant

Examining the above facts in light of the legal principles as seen earlier, the victim is punished against the defendant.

참조판례

-대법원 2007. 9. 6. 선고 2007도3405 판결

유사 판례

-부산지방법원 2015.02.05 2014노3824

-수원지방법원 2015.01.19 2014노5362

-부산지방법원 2020.05.14 2019노3556

-광주지방법원 2014.10.31 2014고정1006

-수원지방법원 2016.09.02 2016고단3689