(영문) 인천지방법원 2014.10.16 2014노1860 | 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) 인천지방법원 2014.10.16 2014노1860

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty on the ground that the defendant was only assaulted by F and did not assault F. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below stated that the victim F was assaulted by the defendant consistently, that there is no special contradiction in the statement, that the defendant's female-friendly appearance E also made a dispute with the defendant and the victim, and that the two persons were able to have been able to find. In light of the fact that there was a physical conflict between the defendant and the victim at the time of the instant case, and that the defendant was not an unilateral assault from the victim, and that the entry in the written diagnosis of injury conforms to the victim's statement and part, the facts charged in the instant case can be recognized.

B. As to the assertion of unfair sentencing, comprehensively taking account of the following factors: (a) the Defendant did not have any history of punishment for the same kind of crime; (b) the victim’s degree of damage is not limited; and (c) the Defendant suffered serious injury by the victim’s assault, i.e., the 4th non-competence; (b) the instant case was induced by the victim; and (c) the Defendant’s age, character and conduct, environment, and motive for committing the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The substance of the evidence and facts constituting the crime recognized by the court and the evidence thereof.

참조조문

-형사소송법 제364조 제6항

유사 판례

-서울서부지방법원 2014.10.30 2014노814

-인천지방법원 부천지원 2014.05.22 2013고정1654

-광주지방법원 2019.01.16 2018노2363

-인천지방법원 2014.10.30 2014노2463

-서울남부지방법원 2013.04.18 2013노135