(영문) 광주지방법원 2015.10.27 2015노622 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2015.10.27 2015노622

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles are merely an objection against the victim B by oral statement, and there is no fact that the victim’s blick belt was drawn up. 2) The lower court’s sentence of unfair sentencing (fine 700,000) is too unreasonable.

B. Defendant B merely suffered from an unilateral assault by the victim A, and did not assault the victim.

2. Determination

A. In full view of the following circumstances acknowledged by the court below as to the defendants' assertion of mistake of facts and misapprehension of legal principles, i.e., K, L, and Defendant B, although there are differences in the detailed matters in the court of the court below, the court below made a statement with the assent on the part that Defendant A was forced to catch his belt, and that M stated that Defendant B was acting as the part of Defendant A in the court of the court below, and the fact that the defendants stated that Defendant B was acting in the court of the court of the court below, and ③ the defendants supported the others in the horse fighting with the support oil provided by Defendant B, and the case occurred, the fact that the defendants used the other party as stated in the facts charged can be recognized. Thus, the defendants' assertion of mistake of facts is without merit.

B. As to Defendant A’s assertion of unfair sentencing, considering the following factors: (a) the Defendant assaulted and injured Party B solely on the ground that he provided support for the other party candidate; (b) did not recover from damage; (c) the Defendant has no record of criminal punishment; and (d) the favorable sentencing factors, such as the Defendant’s age, character and conduct, and environment, and other various circumstances that form the conditions of sentencing specified in the records and arguments of the instant case, the lower court’s sentence against the Defendant is too unreasonable.

3. Thus, the defendants' appeal is justified.

유사 판례

-서울서부지방법원 2015.02.06 2014노1656

-대구지방법원 2015.05.14 2014노1781 (1)

-서울남부지방법원 2019.12.19 2018노1094

-청주지방법원 2013.04.18 2012노938

-부산지방법원 2013.07.12 2013노274