logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.06.12 2013노2722
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the appeals filed by the prosecutor and the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. With regard to the mistake of facts and misapprehension of legal principles, Defendant C’s assertion of this case constitutes a part of the content. In light of the following: (a) Defendant C’s statement of this case constitutes a misunderstanding of facts and defamation of Defendant C; (b) Defendant C distorted the fact that it was a unilateral and non-discriminatory assault; and (c) Defendant C does not have any means to demand correction thereof from the relevant persons, such as the victim, etc.; and (b) Defendant C does not constitute “when it comes to public interest” under Article 310 of the Criminal Act, and thus, Defendant C was acquitted, despite the absence of illegality, there is an error of mistake of facts and misapprehension of legal principles. (2) The sentence (a fine of KRW 300,00) imposed by the lower court on Defendant C is too unjustifiable

B. Defendant B (1) misunderstanding of facts did not prevent a victim’s two arms as stated in the facts charged in the instant case, and only told Co-defendant A and the victim C with the first instance trial. 2) Even if Defendant B 1 took the two arms, it was intended to restrain C from taking it out due to its head, and even if it was dismissed as it constitutes an emergency evacuation or a justifiable act, the judgment of the court below convicting Defendant B of this violation of the legal principles.

3) The sentence sentenced by the lower court of unreasonable sentencing (the fine of KRW 500,000,000, is too unreasonable).

2. Judgment on Defendant B’s assertion

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts, namely, the victim C consistently stated from the investigative agency to the lower court that “the Defendant B was unable to have his/her two arms attached to his/her two arms,” and the victim C’s damage photograph, etc. are comprehensively taken into account: (a) recording; (b) recording; and (c) the injury diagnosis report; and (d) the damage photograph of C.

arrow