(영문) 수원지방법원 2018.12.18 2018노3614 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.12.18 2018노3614

폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor’s (1) misunderstanding of facts (the point of assault) and the victim’s statement, the Defendant and the victim have been involved in the file case, and the Defendant had exercised a considerable tangible power to the extent that the file case will be damaged, thereby recognizing that the victim may be injured, and the intent of assault may be recognized.

(2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 400,00) is too unhued and unfair.

B. Defendant (1) misunderstanding the fact (the point of damage to property) did not allow the injured party to write or remove the file case, and the fact that the injured party’s file case was deemed to have been removed.

Even if the loss was caused by this, it could not be predicted that the loss was removed, so the intention of damage cannot be recognized.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to the records of this case as to the prosecutor's assertion of mistake of facts, the court below held that the defendant intentionally committed assault against the victim's file cases.

It is reasonable to determine that the prosecutor’s assertion in this part is not reasonable.

B. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of the facts, the fact that the Defendant removed the file case in the course of setting up the victim’s claim, and as such, the loss was caused, can be recognized. As long as the Defendant’s durability knife and shakes the file case whose durability was weak, the possibility of removing such loss could also be predicted.

Therefore, the intention of damage can be recognized.

Therefore, this part of the defendant's argument is without merit.

(c)

The Criminal Litigation Act, which takes the principle of court-oriented trial and the principle of direct determination on the unfair argument of sentencing by the defendant and the prosecutor, has no change in the conditions of sentencing compared to the first instance court, and there is no change in the conditions of sentencing.

유사 판례

-수원지방법원 2017.11.03 2017노2584

-서울중앙지방법원 2015.12.11 2015노3821

-수원지방법원 2018.05.31 2017고정3175

-서울중앙지방법원 2015.09.17 2014고정5558

-서울고등법원 2018.05.17 2018노882