logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.06 2015노3392
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant merely suffered violence from the victim, but did not commit an injury to the victim by assaulting the victim in collaboration with G and H as stated in the facts charged, and the upper part of the victim's arms generated from the victim's arms was investigated by the police station and became flap with his own arms. However, the judgment of the court below which found the Defendant guilty of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.

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

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts, ① the victim stated the situation and details of the crime at the time of the instant crime from the investigative agency to the court of the lower court, and ② the victim asserted that he/she had sold his/her arms and affixed a certificate of diagnosis at the police station, but there is no reason to deem that the victim was self-satisfing, and there is no reason to believe that the victim was self-satisfing in his/her own arms, and that the victim did harm to his/her own efforts to manipulate the facts before the police officer’s order to protect him/her. ③ The victim is sufficiently recognized by taking into account the following: (a) the victim was provided with medical treatment at his/her own request by the Defendant et al.; (b) the victim was provided with a diagnosis report with his/her satisfy, satfy, satchopfy, satum, saturine, and satisfy.

Therefore, the defendant's assertion of mistake cannot be accepted.

B. The Defendant’s judgment on the assertion of unfair sentencing is based on the instant facts charged.

arrow