(영문) 의정부지방법원 2015.06.23 2015노572

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(영문) 의정부지방법원 2015.06.23 2015노572

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

The request for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment)’s imprisonment (10 months of imprisonment, 2 years of suspended sentence, 80 hours of community service) is too unreasonable.

B. In light of the credibility of the statements made by the prosecutor (in fact-finding), and the fact that the defendants were threatening the victim and driving, the defendants jointly recognized the fact that they damaged the victim's vehicle. However, the judgment of the court below which acquitted the defendant on this part is erroneous in the misapprehension of legal principles that affected the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendants left the victim's vehicle at the time and place of the crime, such as the date and time in the facts charged, with the intent of gathering the victim's hurfed vehicle from the victim's hurf vehicle. Defendant A driving the above hurf vehicle and attached it to the left-hand side of the victim's hurf vehicle. Defendant B kept the victim's vehicle at the victim's hurf vehicle according to the time when Defendant A puts the hurf vehicle to the left-hand side of the victim's hurf vehicle.

As a result, the Defendants jointly damaged the Aburgn-turged car owned by the victim so that the amount equivalent to KRW 434,696 is equal to the repair cost, such as the lap-purg.

B. The lower court rendered a judgment on the ground that it is difficult to readily conclude that “the Defendant jointly destroyed the victim’s vehicle,” and that there is no other evidence to acknowledge it, solely on the basis of the victim E’s statement in the investigative agency as seen in the above facts charged, the lower court acquitted the victim E on the ground that there is no other evidence to acknowledge it.

C. The following circumstances acknowledged by the judgment of the court of the trial in the first instance, that is, the victim's mistake in driving while driving, and the defendant A made it clear that the Defendants caused carbon vehicles and traffic accidents, and the vehicle of the victim.

유사 판례

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