(영문) 서울남부지방법원 2013.08.08 2013노963

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2013.08.08 2013노963

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Fact-finding and misunderstanding of legal principles (1) The Defendant did not assault the victim C.

(2) The Defendant: (a) heard the victim D’s horses only; and (b) made the Defendant, his father, the father, a par “I son,” and did not assault D’s face at a discipline level; (c) even if the victim’s face constitutes assault, it does not violate the social rules established at a discipline level; and (d) the illegality is excluded.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 1,000,000) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) Determination of misunderstanding of facts and misapprehension of legal principles is recognized based on the records of assault against the victim C, i.e., the fact that C, while the police or the defendant and the defendant were in the trial court, stated that the defendant was in excess of the living room floor by cutting his own timber (Evidence No. 18 pages, trial records No. 87 pages) and that the defendant also was found to have pushed the victim C's body in his hand by the police (Evidence No. 32 pages of the evidence record), it is sufficiently recognized that the defendant committed an assault by cutting down the victim's timber by cutting down the victim C, so this part of the defendant's allegation of misunderstanding of facts is without merit.

(2) The following circumstances acknowledged by the record as to whether the victim D constitutes assault and a legitimate act, namely, that D went to the police and the court of the court below after hearing the Defendant’s assault, and went to the room, and the Defendant went to the room, leaving the room, leaving the room, leaving the room, and making the Defendant unfolded on several occasions, and stated that C went to the safe room when her face was taken (Evidence No. 24 pages, trial record 93 pages). At the court of the court below, C went to go beyond the bottom by pushing the Defendant’s timber, and C went to go to the fight of the Defendant and C. When the Defendant got to go to the front of D’s face.

유사 판례

-대전지방법원 2015.09.10 2015노1217

-서울중앙지방법원 2018.03.16 2017노4436

-인천지방법원 2020.01.23 2019노2420

-대전지방법원 2015.04.23 2014노1804

-의정부지방법원 2014.04.21 2013노2374