logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.11.24 2017노1127
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the process of misunderstanding of facts or misunderstanding of legal principles, the Defendant did not inflict a bodily injury on D by exercising violence against D, and it was merely a fact that D’s inner diameter was frightened in order to defend the attack of D.

In addition, the Defendant had talked about the bubane’s mobile phone without drinking at all at the time. D, which returned from the toilet, exercised the assault, such as breaking up the Defendant’s bubble and flabing the Defendant’s bubage and flabing the Defendant’s bubage, and selling the bubage.

The Defendant’s act constitutes a legitimate defense under the Criminal Act, inasmuch as the Defendant’s act was frighten and resistanceed by hand in order to meet such unfair infringement, and the Defendant’s act was merely frighten and frighted in the process.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The evidence duly adopted the judgment of misunderstanding of facts or misapprehension of legal principles and completed the investigation, in particular, according to the testimony at the court of original instance of the victim D and the victim victim victim victim victim victim's bodily fighting, the victim, who was under his age, was dissatisfied with his / her anti-defluence with the Defendant at the place indicated in the facts charged, and was flobing and slicking, etc., and during that process, the defendant was aware of the victim's flobing with his her hand and caused the victim's flabing injury.

On the other hand, the Defendant’s act and the victim’s act can be determined as fighting in line with each other, and considering the motive and circumstance leading up to the fighting by the Defendant and the victim, the actual progress of the fighting, the means and method of the crime, and the degree and result of the victim’s injury, the Defendant’s act are resistance to escape from the attack of the victim.

arrow