(영문) 춘천지방법원 2018.01.11 2016노1112 | 리걸엔진

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(영문) 춘천지방법원 2018.01.11 2016노1112

폭행

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) did not commit any act identical to the facts stated in the judgment of the court below, and thus, the court below found the defendant guilty by recognizing the credibility of C’s statement, which affected the conclusion of the judgment.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the judgment of the court below and the court below as to the Defendant’s assertion of mistake of facts, the following circumstances, namely, the victim’s exercise of a relatively large tangible power due to inconvenience, is highly likely to lose the center easily and go beyond the center. Nevertheless, the Defendant 7,000 won in order to take advantage of the victim’s 7,00 won from the injured party, and there is sufficient probability that there was a vagabonds among the victims who want to be the Defendant, and the victim consistently exceeded the Defendant.

In light of the statement, we affirm the judgment of the court below as just and there is no error of law by mistake of facts as alleged by the defendant.

B. An applicant for the determination of compensation on the application for compensation filed against the Defendant in the trial of the first instance for a compensation order claiming the payment of KRW 4,574,100 against the Defendant as compensation for damages caused by the instant crime, but it is not reasonable to issue an order for compensation in the criminal trial proceedings, since the scope of the Defendant’s compensation liability is not clear.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation by the applicant for compensation is inappropriate, it is so decided as per Disposition by the assent of all participating Justices pursuant to Article 32 (1) 3 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings

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