logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.09.17 2014노1382
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts and A did not look at the victims.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court directly examined F, H, G, I, etc. and found the Defendant guilty of the facts charged of this case by recognizing the credibility of each of the following statements. There are special circumstances to deem that the lower court’s determination of the credibility of each of the above statements was clearly erroneous.

Therefore, the defendant's assertion of mistake is without merit, since it seems that the judgment is remarkably improper.

B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing and the fact that the Defendant had the same criminal records and did not agree with the victims, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow