(영문) 서울서부지방법원 2016.05.12 2016노160

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) 서울서부지방법원 2016.05.12 2016노160

상해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant did not have committed an act when he was the victim E.

2) Although the Defendant took the victim G face to drink, there is no fact that he taken the candlelight belt for the victim.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged in accordance with the evidence duly adopted and investigated by the court of the court below regarding the victim E’s assertion, it can be sufficiently recognized that the defendant suffered injury due to the victim E as stated in the facts constituting the crime in the judgment of the court below.

0 The victim E was in excess of the floor of the Defendant’s assaulted by the investigative agency immediately after the instant case

A statement is made by the court of the court below (the court of the court below also stated that the investigative agency stated its memory.

Hado reported at the time 112 directly viewed that the defendant assaulted the victim to damage the floor.

statement is made.

0 Different from victim E and witness are making a false statement in order to identify the defendant.

8.6.6.66.

B. In full view of the evidence duly admitted and examined by the lower court, including the Defendant’s act of judgment as to the victim G, the content of damage, the form and consistency of the statement before and after the commission of the crime, and the attitude of the statement in the lower court to the effect that there seems to be any circumstance to be false in the said statement, etc., the evidence duly admitted and examined by the lower court, including the victim G’s standing in the lower court, and candle large photographs, can sufficiently be recognized when the Defendant cited the victim G’s face as a plastic canle belt as stated in the facts constituting the crime in the lower judgment.

(c)

Therefore, the defendant's assertion of facts is without merit.

3. Improper argument on sentencing.

유사 판례

-대구지방법원 2017.12.01 2017노2140

-인천지방법원 2016.05.11 2016노561

-부산지방법원 2016.07.14 2016노1062

-대구지방법원 2018.10.26 2018노2792

-서울북부지방법원 2016.04.08 2015노647