logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.03.21 2012노4046
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant has inflicted an injury by using violence with the camping net, which is a dangerous object to the victim D, E, or F.

Nevertheless, the court below found the defendant guilty of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.). The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of each of the statements made by witnesses D, E, and F in the trial court at the trial court and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant is fully admitted to the fact that the defendant inflicted an injury by the use of violence against the victim D, E, and F, which are dangerous objects.

The judgment of the court below convicting this part of the facts charged is just, and there is no error of law affecting the conclusion of the judgment.

B. The degree of injury of the victims of the instant injury on the assertion of unfair sentencing is relatively minor, and the defendant does not want punishment against the defendant by mutual consent with the victims of the injury, etc., and there are circumstances to consider the defendant favorable to the defendant in sentencing.

However, the Defendant was punished as a crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and committed a crime of inflicting bodily injury on the victim D, etc. using the camping net, which is a dangerous object, while being punished as a repeated crime, using the camping net, which is a dangerous object, and committed multiple criminal acts such as injury to the wife and free job placement.

According to the records, the court below's reasoning for sentencing and other records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, methods and results of the crime, and circumstances before and after the crime.

arrow