logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.07.21 2016노203
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant only inflicted an injury on the victims to defend themselves from the assault of the victims, and did not actively inflict an injury.

B. Total guilty

Even if the court below's punishment (six months of imprisonment) is too unreasonable.

2. Determination

A. In a case where it is reasonable to view that the perpetrator's act of judgment as to the assertion of fact is an attack with one another's intent to attack the victim's unfair attack rather than to defend the victim's unfair attack, and that the perpetrator's act was committed against it, the perpetrator's act of attack is not a legitimate defense or excessive defense since it has the nature of the act of attack at the same time (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). According to the above legal principles and evidence duly adopted and duly examined by the court below, it is sufficiently recognized that the defendant suffered an injury by the victim D and E, even if the defendant was committed by the victim from the victims during that process, it is recognized that the defendant's act of assault was not a passive defense but a victim's intent to attack with the victims, and therefore, the judgment of the court below is just and there is no violation of law by misconceptioning the facts and affecting the conclusion of the judgment.

The defendant's assertion of mistake is without merit.

B. The Defendant appears to have suffered violence from the victims, and when the trial was in progress, the Defendant agreed with the victim D (the Defendant also submitted a written agreement with the victim E, but is not accompanied by the victim E’s personal seal certificates or identification cards, and the signature of the victim E is entirely different from the signature of the 78th page of the trial records, the investigation records, 115, and 144 pages, and it is difficult to recognize the authenticity of the written agreement with the victim) and there are favorable circumstances, such as the Defendant’s absence of criminal record.

However, the defendant is a violent crime.

arrow