(영문) 대전지방법원 2017.08.17 2016노3225 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2017.08.17 2016노3225

업무상횡령등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s confinement of Defendant A among the facts charged in the instant case, the lower court’s witness N and P, etc., which correspond to this part of the facts charged, are not reliable in light of the content and attitude of the statement.

Nevertheless, the court below found the above witness guilty of this part of the facts charged, based on the testimony, etc. of the above witness. The court below erred by misunderstanding the facts.

2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 120 hours) is too unreasonable.

B. According to the evidence submitted by the Prosecutor 1), among the facts charged in the instant case, Defendant A may be found guilty of the injury and assault of Defendant A, but the lower court acquitted all of the facts charged on the ground that there is insufficient proof, and the lower court erred by misapprehending the facts.

2) The lower court’s sentence against the illegal Defendants (as seen earlier, Defendant A: Defendant B: fine of KRW 3 million) is too uneasible and unreasonable.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts, the lower court denied this part of the facts charged as to the confinement of the victim M, but the lower court found the Defendant guilty of this part of the facts charged in accordance with the evidence indicated in the judgment.

At the time of the investigation into Asan City on the “I” operated by Defendant A, the victim himself stated that he was detained by Defendant A, and was a person with the same mental disability as the above “I”.

P not only made a consistent and detailed statement in an investigative agency and the court below that Defendant A detained the victim as stated in this part of the facts charged, but also was a person with the same disability.

T also made a statement to the same effect as above in the investigation agency, and the above statements are false.

or reliance difficult to believe

There is no circumstance to find out the circumstances.

Therefore, the lower court’s judgment that found this part of the facts charged is justifiable.

유사 판례

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