(영문) 서울북부지방법원 2017.09.27 2017노1564

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) 서울북부지방법원 2017.09.27 2017노1564

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant unilaterally listened from the injured person during the path, and the victim exceeded himself/herself and herself faced with his/her face and her face, and did not display Dosan to the injured person.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to the assertion of misunderstanding of facts by the victim: (i) the victim was at the investigative agency: (a) the victim: (b) the victim expressed that the Defendant was able to move the victim who was engaged in his/her subordinate work, and expressed his/her desire to move the victim’s face; and (c) the victim was her back to the victim’s face by putting the victim’s friendly acid.

In this regard, the defendant set up the victim's distribution network, left in tightly, and the victim left the distribution network, and the defendant, who was the victim, lost the center, was faced with his face in future.

"The above statement was made". The above statement could be reliable, ② the witness of the situation at the time, ② the defendant took a bath to the victim under the influence of alcohol, and the defendant was in excess of his own prosecution.

In light of the fact that the Defendant stated, and (3) the Defendant’s assertion that the Defendant attached the victim with the ship to the ship, it can be recognized that the Defendant displayed a provoking towards the victim.

Therefore, we cannot accept this part of the defendant and his defense counsel.

B. The fact that the Defendant appears to have committed the instant crime in a state of somewhat under the influence of alcohol, the degree of assault inflicted by the Defendant is minor, and the Defendant also suffered damage that was damaged due to the excessive dispute with the victim is favorable to the Defendant.

On the other hand, the defendant was punished 27 times or more due to violent crimes.

유사 판례

-서울북부지방법원 2019.07.26 2019노655

-부산지방법원 2016.07.07 2015고정4635

-부산지방법원 2021.03.25 2020노2647

-인천지방법원 부천지원 2014.04.02 2013고정2048

-울산지방법원 2020.10.28 2020고정503