(영문) 수원지방법원 2012.12.13 2012노2831 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2012.12.13 2012노2831

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (in fact-finding) and the defendant's investigation agency's statement, the defendant appears to have committed the crime of this case on a drinking-site in which he had a good appraisal about D as a usual age problem, and the motive for the crime of this case appears to be sufficient. Since D stated that the defendant was at the time of his head as a beer disease but the beer disease was not broken, it is natural result that E was not exposed to the photograph of the head of D, E was a natural result, and there is no reason to make a biased statement favorable to D, and it was consistent statement of D, the judgment of the court below which acquitted the defendant of the crime of this case on the ground that the defendant was sufficiently aware that D was assaulted by beer disease as stated in the facts charged of this case.

2. Determination:

A. On June 18, 2008, the Defendant, at the Suwon District Court, sentenced three months of imprisonment for the crime of obstruction of performance of official duties, and completed the enforcement of the sentence on August 14, 2008. On September 8, 2011, the Defendant was sentenced to three years of imprisonment for the crime of attempted murder at the Sungnam Branch of the Suwon District Court, and the said judgment became final and conclusive on January 13, 2012.

Around 23:30 on December 26, 2010, the Defendant, while drinking alcohol together with the victim D (age 36) who is a member office of the manpower office of the Defendant at Sungnam-si C main office, Sungnam-si, the Defendant committed assault by assaulting the victim, on the ground that the victim, who is an extension of the victim, went against the Defendant.

B. The lower court determined that the Defendant committed assaulting the Defendant, such as gathering beer’s disease or booming beer’s head to be beerer’s disease, by consistently binding the Defendant from the police to the court of the lower judgment as stated in the facts charged.

유사 판례

-수원지방법원 2012.06.13 2011고단5312

-서울북부지방법원 2012.12.27 2012노1329

-제주지방법원 2015.01.08 2014노275

-대전지방법원 서산지원 2018.05.02 2017고단743

-광주지방법원 2019.05.22 2018고단5306