logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.03.19 2014노2860
모욕등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that there was an error of misconception of facts that he did not assault the victim M on or around August 29, 2014, and that, at the time, the Defendant was under investigation at the Jinhae Police Station S District, and even if he was not at the site of the case, the Defendant did not appear at the site of the case, and that there was an error of law that affected the conclusion of the judgment by misunderstanding of facts by misunderstanding the fact that the Defendant did not assault the victim M when considering the victim M face on or around August 29, 2014.

B. The Defendant asserts that the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. At around 00:30 on August 29, 2014, the Defendant assaulted the victim’s face on his hand by taking advantage of the following reasons: (a) the victim M(n, 41 years of age) who is a business owner who drinks alcoholic beverage in Jinhae-si L does not enter alcohol; and (b) the victim was released by gathering beer, beer, beer, and beer, who was on the table on the table; and (c) the victim was able to “this spath, spath, spathy, and old”; and (d) the victim was able to take one time the victim’s face on his hand.

B. The lower court found the Defendant guilty of this part of the facts charged.

C. The following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined by the court below, i.e., ① the victim M made a concrete and consistent statement at an investigative agency on the facts of damage and the circumstances leading up to damage; ② the defendant was made at the time of the police investigation to the effect that the defendant was unable to avoid disturbance, such as slickly sound and slicking on the floor, etc. ③ the support of the victim M’s statement; ③ the police officer dispatched to the scene at the time of the fact-finding inquiry reply to the Jinhae Police Station S Zone at the time requested the defendant to voluntarily act in the zone as S, but the defendant refused to do so and present at the above N only S Zone.

arrow