logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.11.19 2015노430
중상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) 1 of the misunderstanding of facts or misunderstanding of legal principles is only the fact that the part of the victim E’s hair back was used twice in the hands room in front of the “J” restaurant as indicated in the facts charged of the instant serious injury, and there was no fact that the victim’s snow part was drinking out, and there was no fact that the Defendant did not have any obligation, such as threatening the victim to force the victim as indicated in the facts charged. Even if the Defendant committed a serious consequence due to the assault committed on two occasions, the Defendant was guilty of the serious consequence, not the crime of serious injury. Nevertheless, the lower court found the Defendant guilty of each of the facts charged of the instant case on the grounds of the victim and the D, and the lower court erred by misapprehending the legal doctrine on the crime of serious injury, thereby adversely affecting the conclusion of the judgment, in light of various terms and conditions of imprisonment of the case.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s above sentence is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the lower court also appealed to the purport that it is alleged in the grounds of appeal, and the lower court rejected the Defendant’s assertion on the following grounds, and found the Defendant guilty of all the facts charged in the instant case against the Defendant (it was conducted by the lower court as a national participation trial, 7 jurys were convicted on the sole basis.

. - 원심 판시의 요지 - ▣ 중상해의 점 피해자는 수사기관 및 원심 법정에서‘피고인으로부터 3차례에 걸쳐 눈 부위를 폭행당하였다’는 취지로 진술하였는바,...

arrow