(영문) 의정부지방법원 2017.09.04 2017노422

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) 의정부지방법원 2017.09.04 2017노422

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

(a) Fact misunderstanding the victim's right ear, ear back part of the back part of the victim's hand floor, but it does not injure or injure the victim's face by drinking;

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On February 3, 2016, the Defendant was aware of the victim E (15 years old) in Yangju-si, Yangju-si, C, and C on the 16:00th floor of the facts charged. On the grounds that the Defendant was aware of the victim E (15 years old), the Defendant was aware of the victim’s right, making the victim’s back to the right, making the victim’s back to the right, making the victim’s back to drinking once, making the victim’s back to drinking, making the victim’s face and back back back to drinking, and she was spambling the victim for about two weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence, such as the victim’s legal statement in the lower court, the written diagnosis of injury, and the victim’s standing photographs.

(c)

1) According to the evidence duly adopted and examined by the court below and the court below, among the facts charged in this case, the facts that the defendant was deprived of the victim's return, and when the part of the back part of the victim's return was damaged by the victim's loss can be recognized as an unlawful use of tangible force against the victim's body (the defendant's act constitutes legitimate defense). However, for a certain act to be recognized as legitimate defense, it must be reasonable to defend against the current infringement of the victim's or other's legal interests, and it is difficult to view the defendant's act as a legitimate defense in light of the circumstances and contents of the assault, the situation at the time of the assault, etc.

유사 판례

-의정부지방법원 2017.02.02 2016고정1330

-수원지방법원 안양지원 2018.04.13 2018고정6

-수원지방법원 평택지원 2018.02.21 2017고정549

-수원지방법원 2016.07.20 2016노1618

-서울중앙지방법원 2017.04.20 2016노5146