(영문) 수원지방법원 2018.09.12 2018노2436 | 리걸엔진

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) 수원지방법원 2018.09.12 2018노2436

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, was merely a dance by the victim, and did not go beyond the victim to the degree of her hair.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence for four months of imprisonment, one year of community service order, 80 hours of community service order) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim consistently stated in the investigative agency and the court of the court below that “at the time, the defendant was faced with the body of the head, thereby going beyond the upper part,” ② In the investigation report (CCTV video analysis) and the video analysis photograph, even if the defendant was based on the investigation report, ② the victim who was seated in the upper part of the head, and the victim was sealed with the upper part of the victim, and the victim was found to have been faced with the upper part of the victim, ③ the victim was diagnosed with the injury requiring two weeks of care due to the catum f on the day of the instant case, ③ the victim was diagnosed with the upper part of the upper part of the lower court, ④ the victim was diagnosed with the upper part of the upper part and the upper part of the back part of the road (Evidence No. 8, 17 pages of the evidence, and the head of the Defendant was sealed to the upper part of the road.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above assertion by the defendant is without merit.

B. The fact that the Defendant appears to have committed the instant crime with the victim as a result of vision with the victim, the degree of injury to the victim is not excessive, and there is no record of punishment for the same kind of crime, etc. are favorable circumstances.

However, the defendant is the victim at the end of the trial.

유사 판례

-서울북부지방법원 2015.03.19 2014고정2116

-창원지방법원 2016.04.07 2016노229

-대전지방법원 2013.04.03 2012고정1272

-수원지방법원 2019.05.10 2019노204

-부산지방법원 2017.04.27 2017노218