logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.08.06 2015노251
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the defendant did not assault the victim's face face as stated in the facts of the crime in the judgment below, and even if the defendant used the victim, the defendant did not have the intention of assault.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant has committed assault against the victim's face as stated in the facts constituting the crime in the judgment below, and at least dolusent intent is recognized as to the defendant at the time, so the above assertion by the defendant is rejected.

① At the time, the Defendant brought a serious dispute with the victim on the ground that the victim parked the vehicle of the victim without the consent of the Defendant in front of the house of the Defendant.

The defendant, who followed the victim at the time, was flicking the victim's face, who was worn with the driver who caused the cellular phone.

② Accordingly, the victim feel threatened, and the cell phone in which the Defendant was present, exceeded the safety of the victim by threatening the knife to the knife. Nevertheless, the Defendant continued to talk on the face of the victim.

③ According to the images of a photograph taken by the victim who was assaulted by the Defendant at the time, the body suffered by the victim by the Defendant’s assault seems to be insignificant, but rather than simply contact any object, the body seems to be caused by the use of force more than a certain intensity.

④ At the time of the investigation agency, the Defendant also stated that the Defendant’s cellular phone was used by the Defendant at the time, but the instant investigation agency stated that the Defendant’s instant cell phone was exposed to the victim’s nose.

(16 pages) In addition, the Defendant is dissatisfied with the summary order issued in this case.

arrow