logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.01.30 2019노1205
존속상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, committed mistake of facts and misapprehension of the legal doctrine, had weak ability to discern things or make decisions due to the injury or illness.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby failing to render legal mitigation.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mistake of facts and misapprehension of legal principles, the Defendant stated the grounds for assaulting the mother and the situation at the time of committing the crime in detail as follows.

The mother with dementia was assaulted to make her mind clear. The mother was able to do so, and the mother was able to do so, and the mother was dead if her efforts to do so. The mother was unable to do so, and the mother was her ability to do so. The mother was not able to do so by fully performing her efforts as a person with Taekwondo.” The mother was flicking, “I will not see why she would be dynasium,? I am dynasium, I would like to dynasium, and I would like to dynasium, I would like to dynasium, and I would like to dynasium, “I would like to do so. I would like to dynasium, but I would like to dynasium, and I would like to see how I would like to see the mother’s ability to do so before and after the commission of the crime. I would like to see the mother’s face at the time of the crime.

Therefore, the defendant's assertion of mistake and misunderstanding of legal principles is without merit.

B. The instant crime of determining unreasonable sentencing is an injury by exercising violence against the Defendant’s mother B during a long-term period of time.

arrow