(영문) 청주지방법원 2015.10.15 2015노497 | 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) 청주지방법원 2015.10.15 2015노497

상해

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of three million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have committed an assault to the victims to the extent that there was an injury as stated in the judgment of the court below. (2) Since the Defendant, by misunderstanding legal principles, committed an act as stated in the judgment of the court below to defend the victims, it constitutes self-defense.

2) The lower court’s sentence of unreasonable sentencing (a fine of five million won is too unreasonable).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the Defendant’s assertion of misunderstanding of facts, the Defendant, at the court of the lower court, led the victims to the use of violence as stated in the reasoning of the lower court. In so doing, it is sufficiently recognized that the Defendant suffered injury from the victims in light of the following circumstances: (a) the content of the crime is not contrary to or inconsistent with the objective circumstances acknowledged by other evidence; and (b) the degree and degree of the injury as stated in the injury photograph and the injury diagnosis report against

Therefore, we cannot accept this part of the defendant's assertion.

B. As to the Defendant’s assertion of misapprehension of the legal doctrine, the lower court also asserted the same purport, and rejected the Defendant’s assertion by stating detailed reasons therefor.

In full view of the evidence duly admitted and examined by the court below, the above judgment of the court below is just and there is no error in the misapprehension of legal principles as pointed out by the defendant.

Therefore, we cannot accept this part of the defendant's assertion.

C. The circumstances unfavorable to the Defendant regarding the Defendant’s assertion of unfair sentencing are as follows.

The injury suffered by the victims due to the defendant's assault is not easy.

유사 판례

-대전지방법원 2015.09.16 2014노3854

-서울중앙지방법원 2014.10.30 2014노2989

-서울고등법원 2019.07.19 2019노367

-서울중앙지방법원 2015.06.05 2015노603

-대구고등법원 2021.04.14 2020노485