(영문) 수원지방법원 2016.06.29 2016노104 | 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) 수원지방법원 2016.06.29 2016노104

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When the Defendant misunderstanding the facts led to driving away the victim, the victim had already been exceeded, and the Defendant did not exercise violence against the victim.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Judgment on the grounds for appeal

A. The Defendant also asserted that there was a mistake of facts as alleged above, and the lower court rejected the above assertion on the grounds as indicated in its ruling.

As a result of a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the judgment of the court below is just, and the defendant's assertion of mistake is without merit.

B. Compared with the sentencing conditions as indicated in the instant case’s record and the theory of changes in the judgment, the lower court’s sentence cannot be deemed to be too unreasonable, as it is too unreasonable.

The judgment below

There is no significant change in circumstances to consider the sentencing of the accused.

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

3. Where an appeal is filed against a judgment of conviction on the part of the order for compensation in the original judgment, the order for compensation shall be transferred to the appellate court along with the case of the defendant (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the record, the defendant filed an appeal against a judgment of conviction. However, although the defendant did not state the grounds for appeal on the part of the order for compensation in the original judgment in the petition of appeal and the written reason for appeal submitted by the defendant, and even if ex officio examination is conducted, the part of the

4. According to the conclusion, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

-수원지방법원 2017.01.18 2016노7315

-수원지방법원 2017.01.25 2016노8295

-수원지방법원 2016.07.22 2016노2480

-수원지방법원 2016.08.17 2016노3646

-부산지방법원 2021.01.29 2020노3388