logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.06.16 2016노2217
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the facts or the misapprehension of the legal doctrine does not result in an injury due to the Defendant’s assault.

Rather, the injured person will lose the center of the defendant's care and face, etc.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted by examining the misunderstanding of facts or misapprehension of legal principles, the fact that the Defendant and the victim, who argued for breathing, was the victim’s body by drinking, is recognized.

B. Even though the defendant's drinking does not conform to the victim's face accurately, the result of the defendant's bodily condition and condition at the time, the developments of the defendant and the victim's physical condition, the background leading up to the development of violence between the defendant and the victim's drinking, surrounding circumstances, etc. are likely to normally be predicted as a result of the defendant's drinking, such as flabing and drinking flab, and flab

It is recognized that there is a substantial relation between the violence of the defendant and the injury of the victim, and as a result, the causal aggravated crime is required.

We do not accept the Defendant’s factual mistake or misapprehension of legal principles.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow