logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.06.24 2019노1703
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine, which did not determine whether the Defendant’s act constitutes an assault.

B. Since misunderstanding of facts the Defendant: (a) had the victim’s hyds, and had the victim’s hyds even hyds the victim’s head, there was an intentional act of assault against the Defendant.

No person shall be deemed to have committed violence to the extent that he/she constitutes a crime of violence.

Nevertheless, the lower court found the Defendant guilty, thereby erred by misapprehending the legal principles.

2. Determination

A. Article 323(1) of the Criminal Procedure Act provides that “When a sentence is rendered, the fact that a crime is committed in the grounds of the judgment, summary of evidence, and applicable provisions of the law shall be clearly indicated.” Article 323(2) provides that “When there is a statement of fact that is the grounds for denying the establishment of a crime, punishment, or punishment increase or decrease, or a statement of fact that is the grounds for reduction or exemption, such judgment shall be clearly stated.”

Even if the defendant alleged in the court below that his act does not constitute a "Assault" as referred to in the crime of assault, it is merely a mere denial of the elements of crime.

Therefore, the court below did not state specific judgment as to the above argument in the reasoning of the judgment.

Even if the court below found the defendant guilty by clarifying the facts constituting a crime, the summary of the evidence, and the application of the law, the above argument is rejected, and the defendant's act constitutes a crime of assault by

Therefore, the judgment of the court below cannot be deemed to have been reversed, and the defendant's above assertion is without merit.

Even if the defendant's above assertion constitutes "when there is no reason or contradiction in the reason" as the reason for appeal under Article 361-5 (11) of the Criminal Procedure Act, the lower court is prescribed in Article 323 (1) of the Criminal Procedure Act.

arrow