(영문) 부산고등법원 2015.12.23 2015노634 | 리걸엔진

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(영문) 부산고등법원 2015.12.23 2015노634

특정범죄가중처벌등에관한법률위반(보복폭행등)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not assault the victims for the purpose of retaliation against the mistake of facts, and did not have prevented the disturbance at the police box, the court below convicted all of the facts charged of this case by misunderstanding the facts.

B. The sentence of imprisonment with labor and fine of KRW 600,000,000 against the defendant is too unreasonable.

2. Determination

A. 1) On the assertion of mistake of facts, the lower court determined that the Defendant could fully recognize the fact that the Defendant abuseded the victim C or D, according to the following circumstances.

① On March 22, 2015, the witness C and D of the lower court parked the vehicle back to the house after leaving the house at the same time on March 13:36, 2015, but stated that the Defendant, who was living in the next house, was at the home and was at the expense for himself.

② The Defendant previously committed the crime of intimidation, injury, property damage, etc. against the victims, and the victims installed CCTV at their home due to the repeated crimes by the Defendant. On March 22, 2015, CCTV images taken by the Defendant around March 22, 2015, the form of the Defendant coming from home and going to a vehicle of the victim C, and the form of the Defendant’s body towards the head of the vehicle.

③ The witness C of the lower court stated that at the time from the investigative agency to the court of the lower court, the Defendant spits itself through a spiting chief window, which is open to the Defendant’s desire, and the Defendant’s spits the spits are described in the specific circumstances at the time of the lower trial.

④ On March 22, 2015, at around 14:05, the victim C appeared at the Busan Coast Guard, the Busan Coast Guard, and made a statement of damage (Evidence No. 19). This is consistent with the statement by the court below and the investigative agency of the court below that the victim C reported a criminal act directly to the police box immediately after the crime was committed.

(5) Witness D of the original instance is a court of the original instance.

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