(영문) 청주지방법원 2016.06.24 2014노776 | 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) 청주지방법원 2016.06.24 2014노776

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence (1,500,000 won) imposed by the lower court on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed while the defendant and the injured person were driving a vehicle on the road, and the appraisal of which conflict and stopped each other, and the compensation for the cross-border expenses was made on the following vehicle.

At the time, the victim took a knife and displayed the side of the defendant, and took head of the defendant, or took the defendant as drinking [the victim was convicted of violating the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) due to the above criminal facts, (the defendant was convicted of violation of the Act on the Punishment of Violences, etc. (the crime of violation of the Act on the Punishment of Violences, etc.) (the crime of violation of Cheongju District Court Decision 2014 Manju District Court Decision 2014 Mad 155, 1 year and 3 years of suspended execution)]. The defendant committed the crime of this case, while setting up against this, causing minor damage on the part of the defendant.

At the trial of the trial of the party, the defendant and the defense counsel argued that the defendant was the head of the defendant, but did not contact the head of the victim's head, and only french the shoulder, but this is a legitimate defense.

However, the defendant submitted a statement of reasons for appeal, and there is an error of misunderstanding of facts or misunderstanding of legal principles in addition to claiming that the sentencing of the court below is unfair on the grounds of appeal

There was no separate assertion.

Therefore, the above argument is not subject to a trial.

In addition, even according to the record, in light of the fact that the defendant took off from the car and appears to have carried the flabbage immediately after being different from the victim, it is difficult to view that the act of flabing can constitute a legitimate defense.

However, as seen earlier, the Defendant’s crime appears to have been much more serious thanks to the following: (a) the Defendant’s crime was committed; (b) the knife the knife knife and threatened the knife knife; (c) the knife knife, the knife, and the knife knife knife,

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-서울남부지방법원 2018.08.10 2018고정416

-의정부지방법원 2016.05.17 2015노2237

-서울북부지방법원 2018.12.07 2018노1843

-서울중앙지방법원 2016.04.07 2016노364

-전주지방법원 2013.01.09 2012노371