logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.04.14 2016노70
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not put the victim D with cement flock, and had a fixed pin after the fighting has been completed, but the said victim was unaware of the fixed pin, and there was no intentional assaulting of the victims, such as being sealed or bucking at the time of scam.

B. All convictions

Even if the court below's punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant assaulted the victims as stated in the facts constituting the crime in the lower judgment is recognized.

The defendant's assertion of mistake is without merit.

B. In light of the various circumstances, such as the motive, means, and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, and criminal experience, the lower court’s punishment cannot be deemed to be unfair due to excessive fault.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is obvious that the appeal by the defendant was omitted in front of the "Article 260(1) of the Criminal Procedure Act (the point of violence)" of the three-dimensional 7th decision of the court below, it is correct to add it ex officio in accordance with Article 25 of the Rules on Criminal Procedure).

arrow