logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.01 2015노3855
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of the facts charged in this case, although it constitutes a legitimate defense, by misunderstanding the facts or misunderstanding the legal principles, that the Defendant was harming the victim to use the Defendant first, and constitutes a legitimate defense. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the amount of KRW 300,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or legal principles, the Defendant’s act in Fda located in Daegu-gu around 11:30 on December 23, 2014, when considering the background leading up to the crime of this case, situation at the time of the crime of this case, age of the victim, etc., the Defendant’s act was committed before the Defendant was used as defense, and it cannot be viewed as a justifiable act that not only constitutes an act of attack but also an act of attack and defense beyond a simple means of attack during the dispute.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the degree of assault on determination of unfair sentencing is not limited.

However, the Defendant has been sentenced to a fine, suspension of execution, and punishment for a total of times, and most of them are violent crimes, the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and other circumstances after the instant crime.

arrow