(영문) 수원지방법원 2019.07.12 2018노3201 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.07.12 2018노3201

폭행

Text

The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.

Defendant

A Fines 1,500.

Reasons

1. Summary of grounds for appeal;

A. In relation to each of the crimes described in the judgment of the court below in the judgment of the court below, Defendant A (the consolidation of the court below 1 and 2) No. 1 (the mistake of facts and misunderstanding of legal principles) as stated in the judgment of the court below, Defendant A committed such an act to protect his mother, and thus constitutes legitimate self-defense or legitimate act.

B) With respect to each of the crimes listed in the judgment of the court below in the first instance, Defendant A did not commit such violence. In addition, with respect to each of the above crimes, the victim B already expressed the intention of not to punish the criminal investigation agency, and the court below should have ruled that the dismissal of prosecution is dismissed in relation to this part. C) in relation to the crime described in the judgment of the court below in the second instance, since Defendant A’s act was committed against Defendant B to prevent her act from spreading her child, it constitutes self-defense or legitimate act.

2) Each judgment of the court below on unreasonable sentencing (the first instance court: the fine of KRW 1.5 million, the second instance court: the fine of KRW 500,000) is too unreasonable. B. The acts written in the judgment of the court below by Defendant C (the second instance court) and Defendant C’s second instance court are merely defensive acts against Defendant A’s assault.

2) According to the evidence submitted by the prosecutor (the defendant C) and the prosecutor of the second instance court (the second instance court), the charge of not guilty part of the facts charged (the charge of injury of the defendant C) should be found guilty, the lower court acquitted the defendant of this part of the facts charged, and the judgment of the second instance court is erroneous in matters of misunderstanding of facts.

2) The second sentence of the lower court on the Defendant C of unreasonable sentencing (the fine of KRW 500,000 is too unhued and unreasonable).

2. Judgment on Defendant A

A. We examine ex officio the judgment on the grounds for appeal by Defendant A prior to the judgment on the grounds for appeal by Defendant A, and this court is among the judgment of the court of first instance and the judgment of the court of second instance.

유사 판례

-춘천지방법원 강릉지원 2015.03.26 2015노12

-서울북부지방법원 2016.12.15 2016노1796

-서울남부지방법원 2019.07.05 2018노2244

-광주고등법원 (전주) 2014.05.20 2014노27

-수원지방법원 2013.01.31 2012노2964