(영문) 수원지방법원 2017.11.17 2017노4333 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.11.17 2017노4333

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) In relation to the injury of the victim as stated in the judgment of the court below, although the defendant had a dubial dubling of the victim E, the defendant did not support the victim's bridge.

2) Although there was a fact that the Defendant misunderstanding the legal doctrine of the victim E and F bather, it constitutes a justifiable act that the victims and the employees of the Credit Union (hereinafter “D”) as indicated in the lower judgment (hereinafter “D”) were forced to attract and control the Defendant, thereby constituting a legitimate act.

3) The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

2. Determination 1) On the assertion of misunderstanding of facts, CCTV images (mout: 20160420 -9h00 - 04 -1920 -108x30 -30 -: 2016/04/04/209.00 : 209:11) on the left-hand side of the image, the Defendant’s own initiative on the bridge of the victim E is taken.

In light of this point, the defendant's assertion of mistake is without merit.

2) As to the assertion of misapprehension of the legal doctrine, the CCTV images (mout: 20160420 - 099900 - 04 - 1920 -108 x30 - the first part) and mobile phone images (mout: 20160 - 20 - 090 - 10107, 43 -) were led by D employees to the Defendant, before the Defendant tried to suppress the Defendant, the Defendant “not to take” against the victim E.

Dr. An article shall be replaced by an article.

The head of this spabling . . . . . . . Sheet the victim's bat, and the victim's balbbbbling bridges, and the video and voice recorded.

If we examine the evidence duly adopted and examined by the court below, it is difficult to accept the defendant's assertion of misunderstanding the legal principles.

3) The instant crime of determining the illegality of sentencing was committed by the Defendant in the course of resisting damage caused by the variable electronic data processing of D, and the circumstance that there are circumstances to consider is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The degree of violence and interference with work is not easy.

The defendant first assaults the victims, and the CCTV images that approved the victim E's bridge.

유사 판례

-서울고등법원 2018.12.20 2018노2493

-서울북부지방법원 2016.04.01 2015노1411

-서울중앙지방법원 2017.11.23 2017노2970

-창원지방법원 2018.09.20 2018노1082

-의정부지방법원 2016.09.20 2016노1773