(영문) 수원지방법원 2017.07.21 2017노1558 | 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 2017.07.21 2017노1558

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds of appeal 1) The defendant, who misleads the defendant as to the facts, leads the victim, leads the victim, and has the milch part of the victim. However, this constitutes a passive resistance to escape from the process of unilaterally being assaulted by the victim, which constitutes a legitimate defense or a legitimate act.

2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court as to the assertion of mistake of facts.

The court below rejected the defendant's assertion in detail under the title "the judgment on the defendant's assertion".

The evidence duly adopted and examined by the court below and the defendant, in particular, the investigative agency, that the victim was spabling with a shoulder.

The statement (see, e.g., evidence record 32). In order to prevent forced intrusion on the Defendant’s book, the Defendant, who was defended and sealed by a shoulder, led the victim to a lar, and the victim was plucked by a plucker of the victim.

Examining the reasoning of the judgment below in light of the Defendant’s statement (see, e.g., the Defendant’s act of assaulting the victim as a legitimate defense or a legitimate act, the judgment of the court below is justifiable.

Therefore, the defendant's assertion of facts is without merit.

2) In full view of the circumstances favorable to the Defendant, such as the circumstance leading up to the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, family relationship, etc., the lower court’s punishment is too unreasonable and unreasonable, taking into account the following factors: (a) the Defendant was the first offender; (b) the victim agreed with the victim for the first time in the trial; and (c) the victim was committed to prevent recurrence; and (d) the victim wanted to take the Defendant’s wife against the Defendant; and (b) other factors of sentencing as indicated in the instant records

Therefore, the defendant's argument of sentencing is unfair.

유사 판례

-청주지방법원 2018.10.25 2018노541

-서울중앙지방법원 2017.02.09 2016노4847

-서울북부지방법원 2017.12.22 2017노2086

-서울동부지방법원 2018.02.09 2017노1562

-광주고등법원 (전주) 2018.09.18 2018노94