(영문) 대구지방법원 2020.05.13 2020노113 | 리걸엔진

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(영문) 대구지방법원 2020.05.13 2020노113

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to misunderstanding of facts (2019No. 57466 and assault part), (1) the Defendant did not contain any fact that the victim H’s chest was sealed, and the Defendant’s knee and knee arising from the victim H’s h’s knee and knee are merely a fact that the victim H discovered the Defendant and kneeed the Defendant in the process that the Defendant was pushed down.

The victim H's statement and diagnosis presented as evidence of injury also conforms to the defendant's defense.

(2) On the point of assault, although the Defendant rootss the victim I who is selling his arms, the Defendant has not sold the arms and has not broken them over the floor.

Nevertheless, the court below found all of the facts charged guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant may be recognized as having inflicted an injury on the victim H as stated in the facts constituting the crime in the lower judgment.

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

① The Defendant asserts that “The Victim H was unable to stop for the sake of the Defendant to catch and the Defendant, thereby going beyond the Defendant’s weight, and the Victim H went beyond the future with the Defendant’s kneeing. If the Victim H’s chest was pushed down, then knee cannot be said to go beyond the Defendant’s chest.”

The victim H found the defendant at the entrance of the entrance to the investigation agency after confirming by CCTV that the defendant steals the tobacco in UMaart display team that he/she works.

The defendant was found to have been suffering from the defendant's mind who wanted to flee, but the defendant changed his chest in his arms.

유사 판례

-의정부지방법원 2018.11.14 2018고단3296

-서울서부지방법원 2015.03.27 2014노1537

-수원지방법원 성남지원 2015.09.16 2015고정824

-수원지방법원 안산지원 2013.10.31 2012고단2568

-대구지방법원 2014.06.27 2013노3343