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(영문) 대구고등법원 2020.05.20 2020노43
감금치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution regarding defamation and insult among the facts charged in the instant case, and acquitted the Defendant on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence.

Therefore, since both the Defendant and the Prosecutor did not appeal the dismissal of prosecution, the dismissal of prosecution was separated and finalized, and it was excluded from the scope of adjudication in this Court.

Therefore, the scope of this court's judgment is limited to the guilty part and the innocent part.

2. Summary of grounds for appeal;

A. Although it is obvious that the defendant constitutes a domestic violence offender, the court below rendered a not-guilty verdict on this part of the charges on the ground that the defendant is not a domestic violence offender. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. Defendant (as to the guilty portion of the lower judgment), the lower court’s punishment (two years of imprisonment and three years of suspended sentence) is too unreasonable.

3. Determination

A. As to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, the lower court acquitted the Defendant of the facts charged on the ground that it is difficult to recognize the Defendant as a domestic violence offender not immediately in a criminal trial, but it is difficult to recognize the Defendant as a “domestic violence offender” against a person who was a de facto spouse or a de facto spouse of the victim, and there is no other evidence to acknowledge otherwise.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there is an error of misconception of facts or misapprehension of legal principles as alleged by the prosecutor.

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