logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.21 2018노2028
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of facts and misapprehension of the legal doctrine said that the Defendant snicked the victim’s odor and talked about the victim’s smell, but the victim continued to have a close range and the victim’s talked. As such, the Defendant’s act constitutes a legitimate defense or a legitimate act.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant also asserted the same purport as the above argument in the lower court, and the lower court rejected the Defendant’s assertion on the grounds that the Defendant’s act of threatening the victim was the only method to avoid plagiarism or did not constitute a considerable method.

2) We affirm the judgment of the court below to the effect that the defendant's act does not constitute a legitimate defense or a legitimate act and constitutes an assault.

3) This part of the Defendant’s assertion is without merit.

B. 1) In the event that there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) In light of the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and the sentencing reasons revealed in the oral proceedings of the instant case were considered to have been too excessive and exceeded the reasonable scope of discretion.

It does not appear.

3) The Defendant’s assertion on this part is without merit.

3. 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.

arrow