(영문) 수원고등법원 2019.09.05 2019노133 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2019.09.05 2019노133

재물손괴등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not err by threatening the victim B, refusing to comply with the request for withdrawal by the victim, or committing an injury by deceiving the victim. The victim acknowledged that there was no injury in the pertinent court in relation to intimidation and refusal to leave on September 30, 2018, and prepared a written statement of statement that there was no accusation against the Defendant in relation to the injury on October 19, 2018. The Defendant was not located at the time and place specified in the facts charged regarding the injury on October 7, 2018. Nevertheless, the lower court found the Defendant guilty of all of the facts charged, thereby adversely affecting the conclusion of the judgment. (ii) The sentence (two years of imprisonment) imposed by the lower court on the Defendant on the unjust sentencing is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail on the Defendant’s assertion of mistake of facts, on the grounds that the Defendant alleged the same assertion in the lower court, and that the lower court stated the Defendant’s assertion and its judgment in detail.

In light of the circumstances acknowledged by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just, and there is no error of misconception of facts as alleged by the defendant.

B. On July 26, 2017, the Defendant was sentenced to a punishment of one year and six months for an injury to the victim on account of the crime of injury to the victim on July 26, 2017, and the execution of the sentence was completed on March 29, 2018, thereby threatening the victim again within six months and six months, and the victim’s eviction is required.

The fact that the Gu has refused to comply with the Gu and has inflicted an injury on the victim, and the victim has suffered serious injury such as cerebral cerebral typosis due to the defendant's alpha, and there are two times.

유사 판례

-서울고등법원 2013.09.05 2013노648

-광주지방법원 2019.10.15 2019노658

-대법원 1984. 7. 10. 선고 84감도134 판결

-부산고등법원 (창원) 2018.06.20 2017노321

-대구지방법원 2015.03.13 2014노4830