logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.07 2016노312
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant alleged that the victim D prices the Defendant’s reputation and pushed the victim D’s chest to avoid this, and only took the victim E’s fingers to avoid this near the Defendant’s face.

As such, the defendant did not assault the victims, and even if the defendant assaulted the victims, it constitutes a legitimate defense to protect himself/herself by attacking the victims against the defendant.

Therefore, although the defendant's act does not constitute violence or legitimate defense, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence (1,700,000 won) against the Defendant for the wrongful assertion of sentencing is too unreasonable.

2. The Defendant, at the lower court, alleged the same time as the grounds for appeal of this case, rejected the above assertion by reasoning of the lower court’s judgment on the “a summary of evidence” column of the judgment.

Examining the judgment of the court below compared with the records, the judgment of the court below is justifiable.

Therefore, we cannot accept the Defendant’s mistake of facts or misapprehension of legal principles.

3. In light of the following circumstances in determining the unfair argument of sentencing, comprehensively considering the Defendant’s age, career, background leading to the commission of the offense, method of punishment, records of punishment, and all other matters pertaining to the sentencing indicated in the instant case’s records and arguments of change, the lower court’s punishment did not seem to be unfair on the ground that the Defendant’s unfair assertion of sentencing is not acceptable.

① Even though the Defendant assaulted the victims, the Defendant did not seem to have a strong attitude of resistance while denying the crime.

arrow