logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.17 2018노3559
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The court below found Defendant 1 guilty of assault even though the Defendant did not assault the victim. This judgment of the court below is erroneous in misunderstanding of facts. 2) The sentence imposed by the court below of unfair sentencing (the fine of KRW 500,000) is too unreasonable.

B. Prosecutor 1) When considering the misapprehension of legal principles (as to the acquittal portion), the social evaluation would be impeded and the parties would feel insulting. However, the court below acquitted the charge of insult. However, the court below erred by misapprehending legal principles (it is deemed that the prosecutor made a mistake of facts on the first day of the appeal, but the prosecutor has withdrawn a mistake of facts as to the part which expressed “n't't't't't't't't't't't't't't't't't't't' in the grounds of appeal. 2) The sentence (50,000 won of a fine) imposed by the court below is too unreasonable.

2. Determination

A. As to the defendant's statement of mistake of facts, the court below rejected the defendant's assertion in detail as to the defendant's assertion of mistake of facts as to this part of the grounds for appeal, and the court below rejected the above assertion in detail.

The judgment below

Examining the reasoning closely compared with the evidence duly admitted and examined, the judgment of the court below is reasonable and there is no violation of law by mistake of facts.

Therefore, this part of the defendant's argument is without merit.

B. As to the prosecutor’s statement of misapprehension of the legal doctrine, the court below held that when the Defendant viewed the instant statement in light of the background leading up to the Defendant’s statement, the entire contents and context of the statement, the Defendant’s expression of decentralization during the assault can be deemed to have lowered the other party of the assault by displaying the decentralization, and that such expression goes beyond an exceptional and indecent manner, and objectively evaluate the social assessment of the victim’s personal value.

arrow