logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.06.13 2018노2797
존속폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: The Defendant does not have the her mother who is the injured party B around January 17, 2013 and around February 23, 2014.

B. Unreasonable sentencing: The sentence of the lower court (one year of imprisonment, three years of suspended execution, probation, order to attend a lecture, community service, etc.) is too unreasonable.

2. Determination

A. 1) In light of the relevant legal principles and the principle of court-oriented trials, etc., comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the credibility of the statement made by the witness in the first instance unless there are exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of the statement made by the witness in the first instance is significantly unfair (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). 2) In this case, the Defendant asserted that the judgment in the lower court is the same as the grounds for appeal in this part, and the lower court found the Defendant guilty of the charges

The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, namely, ① the statements in investigation agencies and the court of the victim B, which correspond to the facts charged in this case, are specific and consistent, ② the credibility is recognized in the explanation of circumstances, ② the confirmation of the fact of elder abuse cases (in the investigation record 67 pages), the victim B appears to have stated the facts of assault inflicted upon the defendant while entering the defendant after being abused as stated in the facts charged on January 17, 2013. The contents correspond to the facts charged in this part, ③ the first aid certificate (in the investigation record 251 page), the victim B reported the facts of assault to the police after being abused by the defendant on February 23, 2014, and the police.

arrow