(영문) 서울북부지방법원 2014.03.27 2013노1598

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자간(%)

(영문) 서울북부지방법원 2014.03.27 2013노1598

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The part of the judgment of the court below against the defendant is reversed.

Defendant shall be punished by a fine of one million won.

Defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 2 sentenced by the lower court to the Defendant (a two-year probation and a 120-hour community service order for four months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor by the prosecutor, at least the defendant had the intention of incomplete injury, and the defendant could fully recognize the fact that the victim C was injured with the rear part of the Oral Ba, which was the front part of the car driven by the defendant, but the court below erred by misapprehending the facts or by understanding the legal principles, and thereby acquitted the defendant.

2. Determination

A. (i) The prosecutor bears the burden of proving the facts charged in a criminal trial against the prosecutor’s assertion of mistake or misapprehension of the legal principles. The conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 201 (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). A thorough examination of the grounds for innocence of the first instance judgment based on the foregoing legal doctrine and the evidence duly admitted and examined by the first instance court, the first instance court directly examines victims C, G, and D as witnesses, and the remainder of evidence submitted by the prosecutor, and after the examination of evidence was completed, each statement of victims, G, and D, which conform to the facts charged, is difficult to recognize the facts charged, and the evidence submitted by the prosecutor alone is insufficient to prove the facts charged, and there is no other evidence to prove this otherwise.

참조판례

-대법원 2011. 11. 10. 선고 2011도7261 판결

유사 판례

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