(영문) 수원지방법원 2018.07.23 2018노1184 | 리걸엔진

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(영문) 수원지방법원 2018.07.23 2018노1184

특수폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On February 28, 2017, Defendant 1 did not have an intent to commit an assault against the Defendant, since the Defendant did not have a fire extinguisher toward another person.

B) As to the insult of the Defendant on August 26, 2017, the Defendant did not make a obses by specifying who was in the military, but did not have any possibility of radio waves at that time, and did not have any intention to insult.

2) The sentence of the lower court (an amount of KRW 15 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. On February 28, 2017, the judgment of the court below as to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal principles is 1) considering the circumstances and the purpose and intent of the Defendant’s act, its circumstance, the form and type of act, and the type and degree of suffering caused by the victims at the scene, etc. at the time when the court below was duly admitted and investigated by the evidence of the court below, the Defendant’s assertion that there was an error of misunderstanding of the facts and misapprehension of the legal principles in the judgment of the court below is without merit.

2) According to the circumstances revealed by the lower court as to the insult of the victim on August 26, 2017 and the evidence duly admitted and examined by the lower court, the Defendant could fully recognize the fact of openly insulting the victim by putting the victim at a large number of people, such as the conduct of the victim (where the Defendant, without specifying the victim, took a bath for the victim without specifying the victim, there is room for establishing the crime of insulting the entire victim’s conduct in this case, and there is no insult against the victim.

The judgment of the court below cannot be seen as having affected the conclusion of the judgment. The defendant's assertion that there was an error of misunderstanding of facts or misunderstanding of legal principles is without merit.

(b).

유사 판례

-수원지방법원 2016.08.18 2016노765

-서울남부지방법원 2017.12.15 2017노1846

-서울서부지방법원 2016.05.26 2015노2004

-서울고등법원 2018.01.25 2017노3047

-서울북부지방법원 2018.06.01 2018노585