logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.02.09 2016노1021
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant alleged a mistake of fact inflicted injury on the victim.

B. Since the Defendant, who has not claimed mental and physical weakness, committed the instant crime while lacking the ability to discern things or make decisions, punishment should be mitigated in accordance with Article 10 of the Criminal Act.

(c)

Even if all of the facts charged in the instant case are found guilty, in light of the fact that the injured party, who is a taxi engineer, has induced the Defendant to exercise the Defendant’s violent force to receive the agreed amount, etc., the punishment sentenced by the lower court (one million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts (in particular, evidence of police statements by C, evidence of clothes used in the act of assault, etc.) it can be sufficiently recognized that the defendant's head head was damaged by the victim at a price at a time and at a time, the victim's head was stored in a considerably short clothes.

The defendant's assertion of facts is without merit.

B. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, etc., it is not determined that the Defendant did not have the weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

(c)

In full view of all the sentencing circumstances in the records and arguments of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and criminal history, including the favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unreasonable, even considering the various circumstances alleged by the Defendant on the grounds of appeal.

There is no reason to believe that the sentencing of the defendant is unfair.

3. Conclusion.

arrow