logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.28 2017노597
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act constitutes a legitimate act or legitimate defense.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the circumstances leading up to the instant injury in the process of preventing the victim from entering the temporary general meeting of a partnership for the redevelopment of E housing in light of the evidence duly admitted and examined by the lower court, the Defendant committed assault against the Defendant in light of the circumstances leading up to the instant injury, the Defendant’s behavior mode, and the degree of the victim’s injury

Even if the defendant's act against the victim has the nature of an attack beyond the degree of passive defense.

or a party’s defense may not be considered as a party’s defense.

Therefore, this part of the defendant's assertion is rejected.

B. In light of the following: (a) the Defendant was the first offender, while there was a favorable condition in favor of the victim; (b) the victim’s age, sexual conduct, environment, and means and methods of committing the crime; and (c) the various conditions of sentencing as shown in the pleadings and arguments, it cannot be said that the sentence imposed by the lower court is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow