(영문) 청주지방법원 2012.11.15 2011노1207 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2012.11.15 2011노1207

폭행등

Text

All judgment of the court below shall be reversed.

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

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. In the Defendant A’s injury case, the status of “the Defendant” and “victim” is also stated as “the Defendant” under the convenience of the description.

1) The fact-finding of facts (as to the judgment of the court of first instance and the judgment of the court of second instance), Defendant A also argued that “a person who was guilty of himself” and “a person who was injured” and “victim’s status in the case of injury. However, in the convenience of the statement, Defendant A only stated “Defendant” and “Defendant” for the convenience of the statement. (2) In the court of second instance, Defendant A asserted “a person who was injured” and “a person who was injured” as the grounds for appeal against the judgment of the court of second instance. However, in the grounds for appeal, Defendant A asserted “a person who was guilty” and “a person who was injured” as the grounds for appeal against the judgment of the court of second instance. In light of the overall purport of the oral argument in the court of first instance, Defendant A also asserted “a person who

Defendant

A injured Defendant B.

Even if this constitutes a legitimate act, it is justified.

3) The sentence (the first instance court: the fine of KRW 1.5 million, and the second instance court: the fine of KRW 2 million) sentenced by the lower court is too unreasonable. B. The prosecutor (the fact-finding: the evidence submitted by the prosecutor against Defendant B) is sufficiently recognizable that Defendant B inflicted an injury on Defendant A, but the lower court acquitted Defendant B of the fact-finding. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. Prior to the judgment on each of the above grounds for appeal by Defendant A ex officio, the lower court ex officio examined Defendant A with the Cheongju District Court Nos. 2011 High Court Decision Nos. 2011 High Court Decision 352 and High Court Decision Nos. 2011 High Court Decision No. 1383, and sentenced Defendant A with fines of KRW 1.5 million for the former and fine of KRW 2 million for the latter, and the Defendant’s judgment No. 1 and 2.

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