logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.11.20 2015노3420
폭행등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, the Defendant did not use knife a knife, which is a dangerous thing, for the Defendant’s violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) against the victim D among the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for amendments to the indictment with regard to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) among the facts charged in the instant case as "special intimidation" from "violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" and Article 3(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act "Article 284 and Article 283(1) of the Criminal Act" as "Article 283(1) of the Criminal Act". Since this court permitted this, the judgment of the court below can no longer be maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, so it will be examined.

3. Judgment on the defendant's assertion of mistake of facts

A. The following circumstances acknowledged by the lower court’s evidence duly admitted and investigated by the victim E, i.e., the victim E, from the investigative agency to the court of the lower court, expressed his/her desire to the effect that the Defendant was 10 years of her face by citing the tree chairs who had been in his/her ward at the time of the lower court’s residence on March 4, 2015, and she had her face up to 10 years of her early death.

arrow