(영문) 전주지방법원 2013.05.10 2011노193 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2013.05.10 2011노193

학대

Text

1. The guilty portion of the judgment below shall be reversed.

2. Defendant A shall be punished by a fine of KRW 700,00, and Defendant B and D shall be punished by a fine of KRW 200.

Reasons

1. The court below found a person guilty of part of several facts charged and acquitted of the remainder of the facts charged in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the defendants appealed of the judgment of the court below as to the guilty part of the judgment of the court below, and since the judgment of the court below became final and conclusive as to the guilty part of the judgment of the court below, the scope of the party member's judgment shall be limited

2. Summary of grounds for appeal;

A. Although there was no fact that misunderstanding of facts did not bind the victims at the time and place of the original trial, the court below accepted this part of the facts charged and convicted the Defendants. The court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment. 2) Even if the Defendants were to find the victims at the time and place of the original trial, it is necessary to prevent self-harm by the victims who are the victims with severe disability, or harmful acts against others, which does not constitute abuse under the Criminal Act. Thus, the Defendants’ act does not constitute abuse under the Criminal Act, and even if the Defendants’ act constitutes the elements of the crime of abuse under the Criminal Act, it does not constitute legitimate act under Article 20 of the Criminal Act, even if they constitute the elements of the crime of abuse under the Criminal Act, it does not constitute a crime. However, the court below accepted this part of the facts charged and convicted the Defendants. The court below erred by misapprehending the legal principles on the crime of abuse, thereby affecting the conclusion of the judgment.

B. The Prosecutor (as to the conviction against Defendant A)’s sentence (as to a fine of KRW 1,00,000) sentenced by the lower court against Defendant A is too uneasible.

3. Determination on the grounds for appeal by the Defendants and the Prosecutor

참조조문

-형법

-형법 제20조

-형법 제37조

유사 판례

-전주지방법원 2013.5.10.선고 2011노193 판결

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