logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.06 2019노1189
폭행
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts) although there was a fact that Defendant A was at one time the face part of Defendant B’s chest, there was no fact that Defendant B was sent from the time to the time, but there was an error of misunderstanding of facts that found Defendant A guilty. (2) The lower court’s punishment of unfair sentencing (the fine of KRW 1.5 million) is too unreasonable.

B. Defendant B first committed an assault against Defendant B, and thus, Defendant B committed an assault against Defendant A’s assault only once, and Defendant B committed an assault against Defendant A’s chest. Thus, the lower court erred by misapprehending the legal doctrine that found Defendant B guilty even if Defendant B’s act constitutes self-defense.

2. Judgment on Defendant A’s assertion

A. 1) The lower court’s determination on the assertion of mistake of facts was based on the evidence duly adopted and examined by the lower court that Defendant A could have recognized the facts of assault as described in the facts charged. 2) The lower court determined that the lower court and the first instance court duly adopted and investigated the evidence as follows; i.e.,: (a) Defendant B has consistently and specifically stated the developments leading up to the assault committed by Defendant A, the damaged part and the degree of the injury; (b) the witness’s statement coincide with the witness D; (c) Defendant B was sent back to the K Hospital immediately after the instant case, and sent back to the K Hospital, and was treated after the diagnosis of Mamaban and the damage caused by Maban; and (c) Defendant A stated that “The face of Defendant B was only one time after the Defendant’s face was taken first,” but the lower court believed that Defendant A made a false insurance claim against the Defendant due to a defect in insurance, which was hospitalized in the hospital, and thus, it is difficult to believe the Defendant A’s statement as it points out.

arrow