logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2019.02.19 2018노446
특수존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. Fact-finding (as to the part of the types of each crime as stated in paragraphs 3 and 4 of the facts charged), there is no fact that the victim tried to fele the body of the victim by leaving the strings under the rule of the victim J (as to the facts charged, paragraph 3 of the same Article). 2) The fact that the victim’s knee and knee did not lead to the fact that the victim’s knee and knee were kneed, and that the victim’s knee was kne.

(C) The order of the crime as provided in paragraphs (3) and (4) of the facts charged was also changed (the purport that the crime as provided in paragraph (4) was first committed). B. The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, namely, ① the victims consistently state the damaged facts to the effect that they correspond to the facts charged at an investigative agency. The victims are credibility in their statements; ② The photograph taken by the victim J, who is the Defendant’s father immediately after the instant crime, appears to be red in the upper part of the crime. This appears to be a shaking of the Defendant’s self-defense with her string, as indicated in the facts charged, as indicated in the facts charged, (3) the victim K, who can be confirmed by photographing and photographing, etc., seems to have suffered violence as described in the facts charged more than simply divided from the Defendant, and (4) the victim of each crime described in Articles 3 and 4 of the facts charged, which appears to have no special reason to make a false statement due to the Defendant’s mother and her exaggeration of the damaged facts, and (5) the victim directly asserted that the order of the crime was changed in the order of assault as indicated in the facts charged.

arrow