(영문) 광주지방법원 2015.12.23 2015노1608 | 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) 광주지방법원 2015.12.23 2015노1608

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was unilaterally assaulted by the victim, and did not have the victim’s flaps.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, i.e., (i) the victim has consistently testified from the Defendant that he had committed an assault, such as franchising, etc.; (ii) the witness G at the present site consistently made the Defendant and the victim had breathd each other from the investigation process to the lower court (such as 48-49 pages, etc. of the evidence record); and (iii) the witness F also made a statement that the Defendant and the victim had satisfedddd with one another while the Defendant and the victim met the victim’s statement (42 pages of the record of trial) as stated in the lower judgment, the Defendant may fully recognize the facts that the victim had satdddddddddddd and satd with the victim

Therefore, the defendant's above assertion is without merit.

B. The extent of assault by the Defendant on the assertion of unfair sentencing is relatively minor, the fact that there is no record of being punished for the same kind of crime does not reach an agreement with the victim, while the court below seems to have considered the above circumstances favorable to the Defendant in light of the circumstances that are already favorable to the Defendant, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions specified in the argument of this case, including the background of the crime of this case, the circumstances after the crime, the age and character of the Defendant, character, and environment, are not recognized to be too unreasonable. Therefore, the above argument by

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

-수원지방법원 2013.01.24 2012노4124

-의정부지방법원 2015.11.20 2015노1195

-서울중앙지방법원 2013.08.28 2013노2092

-전주지방법원 군산지원 2015.06.24 2015고단114

-춘천지방법원 2014.05.23 2013노492