logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.05 2016노2015
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of having inflicted an injury upon the victim E.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court, the following circumstances can be acknowledged.

① At the time of committing the crime, the Defendant visited the victims to resist the noise between the victim D, E, and the floor. At the time of opening the door, the Defendant started to d while opening the door and opening the door, and coming to d while opening the door.

② E makes a statement to the effect that the Defendant was assaulted by the victim while having his cell phone phone, and D also made a statement to the effect that he was used for the sound which he was able to request for help, and that the Defendant abused E, with the assent of all, the Defendant made a statement to the effect that he was assaulted by the victim.

③ Even based on the Defendant’s partial statement, the Defendant committed four assaults against D, and when considering the situation in which the victims were assaulted and the apartment structure close to the entrance and the living room, it seems difficult for the victims to clearly memory where they were assaulted E.

In light of the above circumstances, it is difficult to dismiss the credibility solely on the ground that the defendant acknowledged the fact that the defendant inflicted an injury on E, and the victims make a statement that he/she is not superior or consistent to whether he/she is a present official or a ward.

Therefore, the defendant's assertion of factual mistake is rejected.

B. Sentencing unfair Defendant appears to be relatively minor, and Defendant was also subject to assault against victims.

However, the defendant did not agree with the victims, and the age, sex, environment, motive, means and results of the crime, etc. of the defendant.

arrow