logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.02.05 2014노1924
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant unilaterally committed a passive defense against the victim, but did not commit an assault against the victim as stated in the facts charged in the instant case, the lower court convicted the Defendant by misunderstanding the facts, and sentenced the Defendant guilty.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, since it is sufficiently recognized that the defendant committed an assault against the victim as stated in the facts charged in this case, and since the act of assault committed by the defendant constitutes a passive defensive act, the court below's decision of conviction against the above facts charged is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by

B. Considering the various sentencing conditions indicated in the instant argument, including the motive and method of the instant crime, the degree of damage, the circumstances after the instant crime, and the absence of agreement with the victim, etc., the sentence imposed by the lower court is not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

arrow