logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.28 2014노4636
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the time and place indicated in the facts charged in this case, the Defendant: (a) was scambling the victim’s fat with her fat; and (b) did not inflict an injury, such as scam scatum scatum, etc., which requires treatment for 2 weeks; and (c) instead, the Defendant suffered an ex parte, such as the right scatum, which requires treatment for 4 weeks by unilaterally b

B. In light of the legal principles, even if the Defendant committed an act such as flabing and sculing the flab of the victim, the Defendant’s act constitutes a legitimate act or self-defense without illegality, as it is a passive defensive act to prevent the Defendant from unilaterally committing an assault from the victim.

C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's determination of guilty of the facts charged of this case is just and it cannot be viewed that there was an error of law by mistake of facts.

The Defendant presented a CD and a transcript recording a conversation between the Defendant and the victim at the time when the facts charged in the instant case were recorded as evidence supporting the Defendant’s assertion in the trial. However, the aforementioned evidence shows the fact that the Defendant had dialogueed with the victim before the Defendant and the victim committed an assault, but does not support the Defendant’s assertion that the Defendant was unilaterally assaulted by the victim after the conversation.

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

B. As to the assertion of misapprehension of the legal principle, the court below erred by misapprehending the legal principles in light of the developments and circumstances at the time of the instant injury, the method and degree of the crime, etc.

arrow