(영문) 대전지방법원 2012.11.15 2012노1989 | 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) 대전지방법원 2012.11.15 2012노1989

폭력행위등처벌에관한법률위반(상습상해)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable. 2) The Defendant was under the influence of alcohol and was in a state of mental disability at the time of each of the instant crimes.

3) Although the defendant's defense counsel appears on the first trial date and asserts that mistake of facts is also a reason for appeal, the defendant's defense counsel appears to be a reason for appeal, even if based on the statement in the statement in the grounds of appeal submitted by the defendant, and there is no ground for appeal for mistake of facts. B. The prosecutor 1) so there is no ground for misconception of facts. Thus, the court below which acquitted the defendant of this part of the facts charged,

2 The sentence of the court below is too unhued and unreasonable.

2. In light of the circumstance and specific method of the instant crime, Defendant’s speech and attitude before and after the instant crime, etc., it does not seem that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime, and thus, the Defendant’s allegation above is without merit.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On January 14, 2012, the Defendant: (a) around 21:40 on the part of the facts charged, on the ground that the Defendant was the victim U (hereinafter 50 years of age) in the Seo-gu Tcafeteria in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon (hereinafter referred to as the “victim”); (b) the Defendant, by hand, carried the victim’s head debt, towed out of the victim’s hand, led the victim’s head debt, led the victim’s hand, and walked the victim’s bridge by hand; and (c) the victim continued to walk the victim’s bridge with the above restaurant in the locker’s door ( approximately 50cm, about 20cm in length, about 20cm in length) one brick (hereinafter referred to as “the victim’s body side”) where the victim had taken the door in the toilet window, and caused injury to the victim, such as cerebr for about three weeks of medical treatment.

B. The Defendant’s judgment of the lower court is consistent with U when not only the police and the prosecution but also in this court.

유사 판례

-부산고등법원(창원) 2020.08.12 2020노106

-울산지방법원 2012.12.07 2012노516

-광주지방법원 2019.07.24 2019노664

-서울고등법원 2020.01.16 2019노1997

-대전지방법원 천안지원 2013.10.30 2013고합180