logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.20 2017노3854
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. As to the assault against B among the facts charged in the instant case, the lower court dismissed the prosecution, and convicted the remainder victims, respectively. The only Defendant appealed the judgment of the lower court on the grounds that the sentencing was unfair.

Therefore, since the dismissal part of the public prosecution by the defendant and the prosecutor who did not appeal is separated and finalized depending on the expiration of the appeal period, the judgment of the court below should be judged only on the conviction part of the judgment below.

2. Reasons for appeal;

A. The Defendant misunderstanding the fact that the victims died of the opening of the report without permission is called that the victims will not die of the report.

말하면서 꿀밤을 때렸을 뿐이지, 피해자들의 목을 조르거나 발로 차지 않았다.

B. The punishment of the lower court (two months of imprisonment, one year of suspended execution, one year of protection observation) is too unreasonable.

3. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant abused C and D is recognized. Thus, the defendant's assertion of mistake is without merit.

B. The Defendant committed the instant crime in order to admonish the victims of the instant crime because the victims were harassing their openings.

However, considering the Defendant’s age, sexual conduct, environment, health conditions, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing as shown in the records and pleadings of this case, such as the circumstances after the crime, etc., the lower court’s punishment was too unreasonable, and thus, the Defendant’s assertion is groundless.

4. The defendant's appeal is dismissed. It is so decided as per Disposition.

arrow