logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.10.19 2018노1621
중상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or legal principles, first, with respect to the point of serious injury, the Defendant did not have any intention to cause serious injury to the victim D at the time of committing the instant crime, and second, the Defendant would die with the victim knife.

In a situation where the victim's face is stimulated, it constitutes excessive self-defense even if it falls under the legitimate defense or does not do so. Third, the defendant was in a state of mental and physical weakness at the time of the instant case.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion that there was no intentional injury among the allegations of misunderstanding of facts or misapprehension of the legal doctrine, the lower court duly admitted and investigated the following circumstances, namely, ① the Defendant, at an investigative agency, had the victim flickly flicked flick the victim’s eye and face, and had the victim flick flick flick flick flick fl, and had the victim flick flick flick flick flick flick flick flick fl.

In light of the fact that: (a) the victim’s face side, including the victim’s eye, was exposed to the emergency room of the government immediately after the Defendant committed the instant crime; (b) the victim was sent to the emergency room of the Matern Hospital; and (c) the victim’s condition at the time of transmission was shown in the state of external acute breathing, fladroping, internal and external fladroping, internal and external fladroping, fladrating, internal and external fladroping, gladrating, and gladroping, and gladrating, the degree of exercising tangible force at the time of the price of the victim’s face appears to have been reasonable; and (c) the Defendant’s own price is strongly assessed against the victim’s face on several occasions by his own drinking at the time of the instant crime.

arrow