logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.07.04 2013노689
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim B expressed a desire and tried to escape the defendant while doing so, the defendant was only sealed to prevent this. Thus, even though the defendant's act constitutes self-defense, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the court below by comprehensively taking into account the evidence duly adopted and examined by the court below, namely, ① C and D stated that they were assaulted, such as cutting down and fastening with one another without having the defendant or the victim as being in advance, ② the defendant recognized the fact of assaulting the victim, such as making the victim salbbling and salbling with the victim, ③ the defendant was pushed the victim in order to avoid assaulting the victim in the course of making the balbling and salbling with the victim, ③ the defendant's defense was eventually pushed the victim in order to avoid assault from the victim's unfair infringement. Thus, the defendant's act cannot be deemed as self-defense in full view of the following circumstances:

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant, and therefore, the defendant'

B. We examine the judgment on the assertion of unfair sentencing, and threaten the defendant's age B prior to the defendant, which appears to have caused the crime of this case by interesting it, and the defendant was also subject to assault from the victim, and the defendant and the victim agreed smoothly.

arrow