(영문) 서울중앙지방법원 2015.06.25 2015노1272

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Reasons

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(영문) 서울중앙지방법원 2015.06.25 2015노1272

상해

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of three hundred thousand won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts does not have any fact that the Defendant had a lusent dancing of B, the fact that he enjoyeds the lusent, the fact that she had a lusent body, and the lusing of the lusium.

(2) The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

B. Defendant B (1) misunderstanding of facts does not have any fact that the Defendant 1 gets the two shoulders of A in good hands, or gets a elbow by cutting the timber above the floor of A in his hand.

A’s statement by a witness of the original instance related to this part may not be trusted.

(2) In order to defend A from violence, the Defendant, by misapprehending the legal doctrine, knife A’s hand and exercised force. Such Defendant’s act constitutes self-defense.

(3) The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the defendants' assertion of mistake of facts, the defendants can sufficiently recognize the fact that the defendants assaulted the other party and inflicted bodily injury on the other party as stated in each facts charged, and therefore, the judgment of the court below is justified.

We cannot accept each part of the Defendants’ assertion.

B. The court below rejected Defendant B’s assertion of self-defense as to Defendant B’s assertion of self-defense, which is identical to the assertion of this part in the court below’s judgment, and the court below stated on Defendant B’s third page of the judgment, and rejected the assertion of defense counsel’s assertion. In light of the records and thorough comparison of the judgment of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of legal principles as to

Therefore, we cannot accept this part of Defendant B’s assertion.

C. The Defendants agreed on the assertion of unfair sentencing by each of the Defendants and the other parties thereto.

유사 판례

-서울남부지방법원 2019.12.19 2018노1094

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-울산지방법원 2020.06.04 2019노670

-서울남부지방법원 2019.12.19.선고 2018노1094 판결

-서울중앙지방법원 2015.08.21 2015노2053