(영문) 서울동부지방법원 2018.11.29 2018노698

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(영문) 서울동부지방법원 2018.11.29 2018노698

공용물건손상등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, the fact that the Defendant inflicted an injury on the victim as stated in this part of the facts charged can be fully recognized.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. On October 12, 2017, the summary of this part of the facts charged is as follows: (a) around 20:32 on October 12, 2017, the Defendant carried the upper part of the upper part of the backer of the Eone Star Engine, affiliated with the Seoul Songpa-gu Police Station D, which was parked in order to regulate the illegal operation of nearby singing, and caused a total of 158,695 won to be repaired as an offender; (b) the Defendant was arrested as a current offender; and (c) the Defendant continuously fell in front of the Songpa-gu Seoul Metropolitan Government Police Station DD D, while getting on the back seat of the driver’s seat of the vehicle, and (d) the Defendant took a voice that “I will ask the damaged driver and go on the house”, and (e) the Defendant’s injury to the Defendant, who is the police station affiliated with the dispatching Police Station, who was seated next to the Defendant, and (e) the Defendant’s injury to the Defendant,” and (e) the Defendant’s injury to the Defendant.

B. The lower court determined that: (a) the victim made a police statement with respect to the victim, the victim made a statement only about interference with the performance of official duties; and (b) the victim did not make a pain or statement about the part that was assaulted by the Defendant; and (c) the victim received a prescription of approximately-ray photographing and treatment from the hospital on the day of the instant crime at the prosecution investigation stage; and (d) received a prescription of approximately 3 as agreed upon by the victim.

However, according to the medical records and diagnosis records of the police hospital, there is no record of the victim's prescription, and there is the column of "the content of treatment and the opinion of future treatment".

유사 판례

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-서울동부지방법원 2016.05.25 2015고단3186

-서울동부지방법원 2018.12.12 2018고단3439

-서울동부지방법원 2017.06.29 2017고단1497