(영문) 수원지방법원 2019.08.30 2018노8373 | 리걸엔진

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(영문) 수원지방법원 2019.08.30 2018노8373

폭력행위등처벌에관한법률위반(공동상해)

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All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) In fact-finding, the Defendant did not assault the victim by bling dubs, etc., as stated in the facts charged. (2) The sentence sentenced by the lower court of unfair sentencing (4 months of imprisonment, 2 years of suspended execution, 80 hours of community service) is too unreasonable.

B. Each sentence (for the defendant A, 4 months of imprisonment, 1 year of suspended sentence, 4 months of suspended sentence, 2 years of suspended sentence, 80 hours of social service) sentenced by the public prosecutor's court below is deemed to be too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the lower court’s evidence duly admitted and investigated on Defendant B’s assertion of mistake of facts: (i) the victim testified at the court of the lower court that the said Defendant was able to catch balth and balthize the balth, and continued to balth and balthing the balth (57 pages of the trial record); (ii) the co-defendant A testified to the effect that “the said Defendant was fighting out of the victim’s clothes and led out of the office; and (iii) the said Defendant was fighting out of the stairs (68,69 pages of the trial record); and (iv) according to CCTV images, it appears that the said Defendant was falthing out of the office and led out of the office (Evidence 107, 1300 pages of the trial record).

Therefore, the above defendant's assertion of mistake is without merit.

B. The lower court sentenced Defendant A to four months of imprisonment, one year of suspended execution, four months of imprisonment with prison labor, two years of suspended execution, and two years of suspended execution, and 80 hours of community service order, in consideration of the Defendants’ unfavorable circumstances and favorable circumstances to the Defendants, and the recommended types of punishment by the Supreme Court Sentencing Committee.

. at the trial.

유사 판례

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-청주지방법원 2014.10.08 2014노487

-서울남부지방법원 2019.08.14 2019고정224