logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.04.03 2013노2059
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not inflict an injury on the victims, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, in particular the witness C and F's statements in the original court, and each injury diagnosis report against C and F, it can be sufficiently recognized that the defendant inflicted each injury on the defendants as stated in the judgment of the court below. Thus, this part of the defendant's assertion is without merit.

B. In light of the fact that the Defendant had a variety of criminal records on the assertion of unfair sentencing, the fact that no agreement has yet been reached with the victims, and other various sentencing conditions as shown in the records and arguments, the lower court’s sentencing against the Defendant is too unreasonable, and thus, the Defendant’s assertion on this part is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. Since the "application of the law" as stated in the judgment below is clear that the inclusion of days of pre-trial detention in the calculation of the number of days of pre-trial detention, and Article 57 of the Criminal Act is an error, it shall be corrected as ex officio deletion under Article 25 of the

arrow