logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.07.13 2017노336
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case by misunderstanding of facts and misapprehension of legal principles, the Defendant unilaterally committed assault against the injured party.

In the process, the defendant was able to find a dog in which he was accommodated, and the head of the defendant is faced with the threshold of the victim.

The defendant did not intentionally receive the victim, and the defendant did not have the intention of injury or assault.

The lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

B. The fine of KRW 500,000 sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the lower court can sufficiently acknowledge that the Defendant had had had had had had had had had had had had had had had had had had had

There is no error in the lower judgment by misapprehending facts or by misapprehending legal principles.

1) Unlike C’s statement, the victim denies himself/herself that he/she was assaulting first of the Defendant, but the police consistently from the police to the court below, and stated that he/she was the victim of his/her head.

The victim, due to the instant crime, inflicted an injury on the part of the victim, such as scambling and scambling on the part of the victim, but the part and degree of the injury are consistent with the statement of the victim.

On the other hand, the defendant submitted a written agreement to the effect that "the injured party unilaterally made the defendant" prepared by the victim in the police and the trial court.

However, even after submitting a written agreement to the police, the victim still appeared as a witness in the court of the court below and stated to the effect that the defendant was the head of the victim.

In light of the victim's legal statement in the court below, it does not seem that the victim correctly understood the meaning of the statement at the time of the preparation of the agreement.

2) The Defendant raises objection.

arrow