logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.30 2014노1495
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not first deal with the victim, but rather, the victim was pushed the victim first, and the defendant went beyond and sold the victim, so the defendant did not have the intent of assault, and the defendant became the victim to defend the victim's act. Thus, this constitutes legitimate act or self-defense.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant guilty of the charges of this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the trial court, including the result of reproduction of video CDs taken at the time of the instant case’s determination of mistake of facts and misapprehension of legal principles, the Defendant, along with the new ideas belonging to “Emergency Countermeasure Committee” in B B B B on January 1, 2014, may recognize the fact that the Defendant, in order to enter the second floor of the instant case into the second floor of the instant case from the stairs prior to the second floor of the instant curriculum distribution to the second floor of the instant curriculum distribution, he strongly led the victim’s arms, which are the opposite sector, to prevent entry, and the Defendant also recognized the intent of assault.

On the other hand, there is no circumstance such as the victim's assaulting the defendant first, and it is difficult to view that the defendant's act constitutes a legitimate act or self-defense.

This part of the defendant's assertion is not accepted.

B. The circumstance in which the defendant's judgment on the assertion of unfair sentencing was the first offender, and the victim voluntarily withdrawn the complaint against the defendant is favorable to the victim.

However, as seen earlier, even if the facts charged of the instant assault were found guilty, the Defendant’s motive and background leading up to the instant crime as well as the subsequent crime.

arrow