(영문) 인천지방법원 2018.10.05 2018노1656 | 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) 인천지방법원 2018.10.05 2018노1656

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a critical situation where the Defendant unilaterally committed an assault from the injured party and misunderstanding of the legal principles, the Defendant used the e-mail shock machine to escape from the e-mail, but did not work properly, and only fin the front part of the e-mail shock machine was faced with the inside of the injured party.

The above actions by the defendant constitute a legitimate defense or a legitimate act.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, on the contrary.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence for six months) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant was not guilty of the facts charged in the instant case with the same purport, but the lower court rejected the Defendant’s assertion on the grounds stated in its reasoning and convicted the Defendant of the facts charged in the instant case.

In light of the evidence duly adopted and examined by the court below and the statement of the court below, the above determination by the court below is just and there is an error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant in the judgment below.

It does not seem that it does not appear.

B. In light of the following: (a) examining the determination of the unfair argument of sentencing; and (b) taking into account the various conditions of sentencing as shown in the instant records and arguments, even when considering the fact that the Defendant deposited KRW 1,00,000 for the victim in the trial at the time of the trial; and (c) the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

-대구지방법원 2017.01.20 2016노4646

-서울중앙지방법원 2018.11.22 2018노2694

-대전고등법원 2018.06.08 2018노40

-서울동부지방법원 2017.10.13 2016노1959

-전주지방법원 2018.11.07 2018노628