logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.05.19 2014노3121
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not have any fact that he was aware of the victim’s face, or had the victim suffered a confluence by being pushed ahead, and there was no fact that the victim was removed by promptly asking the victim’s title. 2) The Defendant’s attack was passive defensive defense, and constitutes legitimate self-defense or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is sufficiently recognized that the defendant sustained bodily injury by causing the victim to be harming the victim, and the defendant sustained bodily injury by asking the part of the flag.

① At the investigative agency and the court of the court below, the victim stated that “the defendant was fighting at an airfield hole twice on February 27, 2014,” and the first one was spawn and spawn each other while the defendant was spawn and was spawn, and the second one was spawn and spawned, and the defendant was satn at the end of the dispute.” The victim made two fightings at the date of the occurrence of the case, the place where the fighting occurred, the circumstances where the fighting occurred, the parts damaged by each fighting, and the situation of the witness.”

2. At the investigative agency and the court of the court below, the witness D showed that he did not have the left part of the person whose key is the victim at the court of the court below, and that he was grick of the victim.

In the lower court’s statement that “the airfield hole passed, and the victim went beyond the floor, and there was a fact that the victim caused it together with other young people.”

In light of the contents of the statement and the attitude of the statement, the credibility of the statement has been made.

arrow