logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2012.11.16 2012노1815
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant, while unilaterally being assaulted by the victim at the time of the instant case, was placed on the floor of the ward to escape from the assault, and there was a fact that the victim was displayed on the floor of the ward. However, there was no fact that the victim was boomed by the tree

The illegality of the defendant's act when the defendant was committed against the victim due to the escape of the victim's unilateral assault is excluded because it constitutes legitimate self-defense.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. 1) In light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance concerning the principle of public trial-oriented and direct examination of facts, the judgment of the court of first instance is clearly erroneous or, in light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance, or in exceptional cases where it is deemed significantly unreasonable to maintain the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance by the time of closing argument in the appellate trial, the appellate court shall not reverse without permission the judgment of the court of first instance solely on the ground that the first instance on the credibility of the statement made by the witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The court below acknowledged the credibility of the victim's statement after directly examining the evidence by the victim and G, and rejected the defendant's assertion.

arrow