logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.22 2015노3039
폭력행위등처벌에관한법률위반(공동상해)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (misunderstanding of facts and misapprehension of legal principles), even though the Defendant sufficiently recognized that it was a false fact and expressed false facts, the lower court, instead of making a false fact or recognized that the Defendant was a false fact.

For the reasons that it is difficult to see it, the judgment of the court below is erroneous in misunderstanding of facts and misunderstanding of legal principles.

B. (1) Defendant C was promulgated, malicious, stimulated, or stimulated in the night or other uneasible circumstances against Defendant C.

Although it is difficult to see that the act of the defendant constitutes excessive defense, the court below exempted the defendant from punishment on the ground that the defendant's act constitutes excessive defense, and in so determining, the court below erred by mistake of fact.

(2) The sentence of the lower court’s improper sentencing (exemption from punishment) is too unhued and unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal principles against Defendant A, the lower court, on the grounds as indicated in its reasoning, expressed that Defendant A’s horses cannot be deemed false unless Defendant A, who guaranteed Defendant A’s obligation to borrow funds, did not repay the above loan funds to Defendant A with the lapse of the due date. In light of the social common sense that the economic recognition of the couple’s economic entirety, Defendant A expressed that Defendant A, in the process of the said horses, referring to C, who is the spouse of D, and was removed from the fraudulent argument.

Even if the defendant A was aware that it was false

On the ground that it is difficult to see it, the lower court acquitted the instant charges.

In full view of the evidence duly adopted and examined by the court below, the above judgment of the court below is justified.

Furthermore, the following facts recognized by the evidence duly adopted and investigated by the court below, namely, K (the statement of Defendant A submitted by the D investigative agency).

arrow