(영문) 대구지방법원 2018.08.31 2018노761 | 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) 대구지방법원 2018.08.31 2018노761

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is misunderstanding of facts, only expressed a motive with the victim, and did not assault the victim’s sexual intercourse with his mobile phone.

Nevertheless, the court below convicted the charged facts of this case, which affected the conclusion of the judgment, by misunderstanding the facts.

B. The punishment sentenced by the lower court against the Defendant (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① the victim voluntarily appeared at the opposite district of the police station south-west in the port of Posting (20:50 on May 13, 2017, immediately after the dispute between the defendant and the victim was disputed; ② the victim’s statement was consistent at the time of an examination of confrontation with the defendant; ② the victim’s statement was confirmed on his/her photo taken in the earth; ③ according to the record of the record in which the situation was recorded, the victim’s statement at the time of the case was disputed with the defendant.

- - - - - - -

In full view of the fact that the Defendant did not deny this, the fact that the Defendant assaulted the victim can be sufficiently recognized as stated in the facts charged.

Therefore, the defendant's assertion of facts is without merit.

B. The degree of assault and assault on the determination of the illegal assertion of sentencing is relatively somewhat somewhat weak, and the result of injury does not reach the result, and the Defendant is the first offender who has no criminal record at any time. On the other hand, the Defendant denies the instant crime, and the Defendant did not agree with the victim is disadvantageous.

There are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and means of committing a crime.

유사 판례

-대구지방법원 2017.11.16 2017고단5265

-수원지방법원 2018.06.27 2018노190

-서울고등법원 2018.10.24 2018노1908

-서울북부지방법원 2017.11.02 2017노1256

-서울남부지방법원 2018.08.23 2017노1146