(영문) 대전지방법원 2017.01.11 2016노2240 | 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) 대전지방법원 2017.01.11 2016노2240

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant’s act of misunderstanding the facts and misapprehension of the legal doctrine is merely a breath of the victim’s breath in order to defend 30 persons by cutting down the breath and breath to prevent them from traveling around themselves and by threatening and threatening them. The act of this case constitutes a legitimate defense.

However, the lower court convicted the Defendant as to the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine and misunderstanding facts.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, i.e., at the present site.

F The statement made by an investigative agency that the Defendant dump with the victim and dump with another person (the 12th page of the investigation records) and the victim dump dump dump dump dump dump dump dump dump dump dump dump dump, and

According to the following circumstances: (a) the statement was made (68 pages of the investigation record), (b) the statement consistent with the above F, and (c) the defendant's side and the victim's side were in conflict with each other as a matter of the withdrawal of the Trade Union at the time, and the conflict took place, it is difficult to view the defendant's act in the facts charged of this case as a passive defensive act to escape from the victim's unfair attack. Thus, it is difficult to view that the act in this case constitutes a legitimate defense.

Therefore, we affirm the judgment of the court below that the defendant was guilty as to the facts charged of this case, and there is no misconception of facts or misapprehension of legal principles as alleged by the defendant.

B. Sentencing is easy to exercise the power of an illegal accused and commits a contingency in the victim's side and the dispute.

유사 판례

-수원지방법원 2018.01.26 2017노6575

-서울서부지방법원 2018.04.26 2017노598

-대구지방법원 2021.02.17 2021노17

-서울중앙지방법원 2017.10.20 2017노2688

-대구지방법원 2018.07.13 2018노1110