(영문) 광주지방법원 2021.03.18 2021노50 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2021.03.18 2021노50

특수폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant did not assault the Victim B with respect to the charge No. 1-A, and the fact of the crime cannot be acknowledged as being committed because he did not memory as to the charge No. 1-B related to the charge No. 1-B.

(2) The sentence of the lower court’s unfair sentencing (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. Determination:

A. (1) As to the Defendant’s assertion of misunderstanding of facts, the Defendant did not pose a threat to, or assault, the victim, and rather, threatened the victim.

As such, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, it can be acknowledged that the defendant abused the victim as stated in the crime of this case, and thus, the defendant's above assertion by the defendant is not accepted.

① On June 20, 2020, the victim consistently followed from the police investigation to the attendance at the court of the lower court and testimony. On June 1, 2020, the victim: (a) the Defendant was placed in the head of the Defendant and the Defendant, who refused to engage in a sexual intercourse with him; (b) the Defendant was tightly going on the body of the victim; (c) the Defendant was tightly going on the part of the victim, and was under the influence of the Defendant; and (d) the victim was under the influence of the Defendant’s head and drinking at the police station; and (c) the victim was under the influence of the Defendant’s head; and (d) the victim was under the influence of the Defendant’s head and drinking; and (e) the Defendant reported to the police station; and (e) thereafter, (e) the police officer was able to display the Defendant at home.

was issued

was stated.

The above victims are specifically and consistently stated in accordance with the criminal facts of the defendant, and the above statements are not likely to be false.

유사 판례

-전주지방법원 2019.09.04 2019노680

-수원지방법원 2016.10.21 2016노3245 (1)

-대전지방법원 2015.01.21 2014노893

-서울중앙지방법원 2018.11.09 2018노960

-대전지방법원 2018.01.18 2017노2596