(영문) 수원지방법원 2019.10.31 2019노2013 | 리걸엔진

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(영문) 수원지방법원 2019.10.31 2019노2013

특수폭행치상

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in light of the legal principles, obstructed the car, and avoided the victim from the telecom, and she flicked the car in such a way that the victim was not detached from the bark in the extreme interest situation, and the Defendant’s act constitutes a justifiable act.

Nevertheless, the judgment of the court below which pronounced guilty against the defendant is erroneous in the misapprehension of legal principles and affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion on the misapprehension of the legal doctrine on the same purport as the grounds of appeal in the lower court, on the grounds that the Defendant’s act did not constitute a legitimate act because it did not meet the requirements of reasonableness, urgency, supplement, etc., and the Defendant’s act did not constitute a justifiable act.

According to the evidence duly admitted and examined by the court below, the defendant, unlike the defendant's defense room, was in the situation where the victim was seated on the front of the motor vehicle unit, but the defendant transferred the vehicle at a speed sufficient to the extent that the victim could suffer a big injury if falling off, and the defendant also had sufficient time to take other measures, such as reporting to the police while the victim obstructed the vehicle. Thus, the above judgment of the court below is just and it is not erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of legal principles is not accepted.

B. As a result of the instant crime on the assertion of unfair sentencing, the victim was at a risk that he was clearly informed, and the Defendant did not reach an agreement with the victim.

However, there is no record of criminal punishment that the defendant recognizes facts and reflects the mistake when it comes to the trial.

유사 판례

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-울산지방법원 2013.04.12 2012노729

-대전지방법원 2019.01.09 2018노3099

-서울서부지방법원 2013.11.07 2013노877