(영문) 울산지방법원 2016.04.28 2016노106 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.04.28 2016노106

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that found the Defendant guilty, even though the Defendant’s use of force against the victims constitutes a passive defensive act, which constitutes a legitimate defense or legitimate act.

B. The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular, according to the witness D and E’s statements and investigation report (CCTV analysis and closure photographs attached) of the court below’s witness D and E, the defendant, despite his/her restraint in the process of disputing the victims, can be recognized that he/she committed an assault against the victim D and inflicted an injury on the victim E as stated in the facts constituting the crime of the court below. In light of the course of exercising the force against the victims, the defendant committed an active attack beyond the passive defense, and the course, method, and degree of exercising the force against the victims.

As such, this cannot be viewed as a legitimate act or defense of a political party.

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

B. The fact that the crime of this case was committed in an unfair manner while the victims and the horses conflict with the victim, and that the defendant has no record of criminal offense exceeding the fine, is favorable to the defendant.

However, in full view of the fact that the victims did not agree with the victims, and that they did not make any effort to recover damage, and other circumstances that form the conditions for sentencing as shown in the trial process, including the Defendant’s age, sex, environment, family relationship, motive and circumstance after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

유사 판례

-광주지방법원 2018.06.27 2017노4359

-서울북부지방법원 2018.04.05 2017노2259

-제주지방법원 2017.07.06 2016노648

-서울중앙지방법원 2017.03.30 2016노5273

-인천지방법원 2018.08.24 2018노1008