logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.27 2015노4165
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to prevent the victims from committing assaulting D, Defendant 1’s act constitutes self-defense under the Criminal Act, and thus, Defendant’s act constitutes a self-defense under the Criminal Act. 2) The punishment (1.5 million won) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. Prosecutor 1) Inasmuch as the statement of the victims of mistake of facts is consistent and mutually consistent, the judgment of the court below which acquitted the defendant partially on the defendant is erroneous in misunderstanding of facts, although the defendant should be pronounced guilty. 2) The sentence imposed by the court of unfair sentencing on the defendant is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts (not guilty part)

A. On October 2, 2014, around 00:10 on October 2, 2014, the Defendant and D of the instant facts charged met the victim G (the age of 29) who had provided a guest act in front of “F” located in Seo-gu Daejeon, Seo-gu, Daejeon and the Defendant were punished for vagabonds.

D) The bridge of the victim G was laid over the ground floor by putting the victim G in two hands, and the Defendant saw the victim G’s breath and batd twice in drinking, and suffered injury to the victim G, such as the catum, tension, etc. requiring treatment for about 10 days.

The Defendant and D, a victim A (the years of age of 32) who used his fighting, was flicker, and the Defendant flicked the victim A’s ebbbbbbbage, and flicked the victim A’s chat and breast part in a state beyond the floor.

The Defendant collected knee and knee knee knee knee knee knee kne kne knee knee knee knee knee knee knee knee knee.

Accordingly, the defendant and D jointly inflicted injury on the victims.

B. The lower court determined that the Defendant and D jointly inflicted an injury on the victim G among the facts charged in the instant case.

arrow