logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.11.12 2020노170
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant did not assault the victim, and even if some physical contact was made, it was merely passive and defensive against the victim's assault and thus constitutes self-defense or legitimate act, the lower court which found the Defendant guilty of this part of the facts charged is erroneous in misapprehending of legal principles

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination on the grounds for appeal

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the above reasons for appeal. The court below found the defendant guilty based on the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below: ① the circumstance where the victim committed the crime of this case from the police to the court of the court below; ② the circumstance where the victim committed an assault against the defendant; ② the victim’s assault against the defendant; ② E stated in the court of the court of the court below that the victim “at the time of the case, the victim reported that he was fluoring the victim’s timber at the time of the case; ③ the victim was fluord with the victim’s statement; ③ the victim was fluord with the victim’s oral argument that the victim was fluoring a restaurant out of the court of the court of the court below by taking full account of the following facts and circumstances: (i) the victim’s fluorial circumstance caused the crime of this case from the police to the court of the court below; and (ii) the defendant’s argument that it was difficult to obtain the victim.

Examining these judgments of the lower court by comparing them with the records of the instant case, the said judgment of the lower court is justifiable.

arrow