(영문) 서울남부지방법원 2018.02.02 2016노2674

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) 서울남부지방법원 2018.02.02 2016노2674

폭행

Text

The defendant's appeal is dismissed.

Expenses relating to witnesses shall be borne by the defendant among the costs of lawsuit in the original judgment.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is a legitimate defense even if the defendant did not have committed the victim, and the victim was at the time.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the judgment E, the victim's investigation agency, and the court's statement as to the factual misunderstanding argument, the defendant can sufficiently recognize the facts of assaulting the victim as described in the judgment of the court below, and even if each statement of the victim E and the victim's statement (such as the victim's scambling or scambling the victim's chest on the ground that the injured person was found to have committed the crime on the ground that the injured person was the defendant, and the victim's scambling or scambling the defendant's chest on the ground that the injured person was the defendant), it is difficult to see that the defendant's act of assaulting by the victim was a pure defense, not a attack, and constitutes a legitimate defense.

B. In full view of the fact that there is no record of being punished for the same crime as the judgment on the unfair argument of sentencing, the degree of assault (a substitute for the victim), the victim wants to be punished by the defendant, the victim and the defendant's age, character and conduct of the defendant, the circumstances leading to the crime, the circumstances after the crime, and all other factors of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is judged appropriate and too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Of the costs of the lawsuit in the court below, the costs of the witness shall be borne by the defendant pursuant to Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that the costs of the lawsuit in the court below are not to be borne by the defendant but to be assessed in accordance with the actual sense

유사 판례

-서울중앙지방법원 2017.08.18 2017노132

-서울중앙지방법원 2016.07.15 2016노1259

-인천지방법원 2017.03.23 2016노1316

-서울중앙지방법원 2017.04.21 2017노640

-인천지방법원 2017.11.02 2017노3376