logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.14 2018노3269
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts, even though he was assaulted by the victim D, he did not intentionally inflict an injury on the victim, and there was no causation between the defendant's act and the injury of the victim

B. Even if the conviction of an unreasonable sentencing is recognized, the sentence imposed by the court below on the defendant (one million won of a fine) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is consistent with the following circumstances, which are acknowledged by the evidence duly adopted and examined by the lower court: (i) the lower court’s determination on the ground that the Defendant was able to recognize the fact that the Defendant was injured by taking advantage of the background leading up to the instant case, method and degree of exercising force, and circumstances before and after the instant case, etc.; (ii) the lower court’s determination on the ground that the Defendant exceeded the victim’s intent to defend; and (iii) the Defendant was duly adopted and investigated by the evidence duly adopted and examined by the lower court; (iv) the Defendant was included in CCTV images not only passive defense against the victim’s attack; and (v) the victim was satisfy by taking advantage of the victim’s hand; and (v) the victim’s statement and degree conforms to the witness E; and (v) the victim’s allegation that he was aware of the victim’s pharmacologic on the date of the instant crime by 10th of July 28, 2017.

B. Unreasonable sentencing.

arrow