(영문) 서울북부지방법원 2020.10.13 2020노975

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(영문) 서울북부지방법원 2020.10.13 2020노975

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (as to the facts No. 1 and No. 3 of the prosecution, assertion of misunderstanding of facts and misapprehension of legal principles as to refusal to measure drinking, were also the grounds for appeal, but such assertion was clearly withdrawn on the first trial date.) The defendant, in relation to the facts charged No. 1, committed assault against the victim on the floor of hand in relation to the facts charged No. 1, but there was no injury, and there was no injury, but there was a improvement and knife in relation to the facts charged No. 3, but there was no fact that the victim injured, detained, or forced indecent act, the court below

B. The lower court’s sentence (two years and six months of imprisonment, forty-hour order, confiscation) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the court below found the defendant guilty of each of the above crimes on the ground that the defendant could sufficiently recognize the defendant's injury and injury, confinement, and indecent act by carrying dangerous articles as stated in each of the facts charged, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

1 Of the statements by the victim regarding each of the crimes in this part, the main part of the victim's statement is as follows: ① assaulting the victim's head and body body several times to inflict an injury; ② imprisoning the victim's head and body body; ② harming the defendant from leaving the house by threateninging him/her with a hacks; ③ harming the victim's head, face, and body; ④ harming the victim's head, face, and body; and ④ harming the victim's body with a knife with a knife, so that the victim's body may go back.

유사 판례

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