(영문) 서울북부지방법원 2016.01.14 2015노1586

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) 서울북부지방법원 2016.01.14 2015노1586

상해

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of one million won.

The defendant above.

Reasons

1. On October 8, 2015, the summary of the grounds for appeal submitted to the Defendant a written appeal stating that the Defendant did not have any criminal intent to commit the instant crime, and argued that the Defendant was guilty of the facts, which was rejected on the date of the first trial of the first instance.

The punishment sentenced by the court below against the defendant (2 million won) is too unreasonable.

2. The judgment of the court below is justified in light of the following: although the victim B suffered considerable pain due to the Defendant’s crime of this case, and the Defendant could not receive a letter from the victim due to the Defendant’s reimbursement of medical expenses, agreement with the victim, etc., although the Defendant did not receive a letter from the victim due to the victim’s agreement, etc., the Defendant’s failure to pay medical expenses, etc.; however, the Defendant was found to have committed a mistake in all the parts denied at the court below’s trial when the Defendant was in the first instance; the Defendant was the first offender with no criminal history; the Defendant was the age of 71 years old; the Defendant was in a situation where the living situation was difficult; and there seems to be somewhat difficult circumstances to take account of the motive and circumstance leading to the instant crime; the Defendant’s lawsuit claiming damages against the Defendant (Seoul Northern District Court Decision 2015Da25175) and other circumstances that the Defendant could receive a certain amount of compensation through the Defendant’s action against the Defendant; and considering various circumstances, such as the Defendant’s character, family relationship, and occupation, etc.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows. The summary of the evidence is as follows.

유사 판례

-인천지방법원 2018.02.09 2017노2864

-서울고등법원 2018.11.09 2018노2476

-부산고등법원 2017.11.23 2017노425

-서울북부지방법원 2015.09.10 2015노1121

-인천지방법원 2017.08.04 2016노3967