logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.06.23 2016노179
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The Defendant did not inflict an injury on the victim as stated in the facts of the crime in the judgment below. However, although there was an assault on the victim twice, it was contrary to the intent to restrain the violence of the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of injury among the facts charged of this case is erroneous in the misapprehension of legal principles as to party defense or legitimate act, which affected the conclusion of the judgment.

B. Total guilty

Even if the court below's punishment (10 months of imprisonment) is too unreasonable.

2. Determination

A. The defendant and the defense counsel in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles also asserted the same as the grounds for appeal of misunderstanding of legal principles, and the court below rejected such assertion on the grounds as stated in its reasoning. Examining the judgment of the court below in comparison with relevant legal principles and records, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by misunderstanding the facts,

The defendant's factual misunderstanding and misapprehension of legal principles are without merit.

B. Although there are favorable circumstances, such as the fact that the defendant agreed with the victims to determine the unfair argument of sentencing, the defendant committed the crime of bodily injury in the judgment of the court below without being aware of the crime of special intimidation as stated in the judgment of the court below even though the defendant was investigated during the period of suspension of execution, and there were several occasions of punishment including violent crimes, and other various circumstances such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below cannot be deemed to be undue because it is too unreasonable.

Defendant’s assertion.

arrow