logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.07.23 2013노190
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There has been no mistake of facts that the defendant intentionally saw the victim's face by using the beer disease.

The defendant reported the victim who was faced with himself and had the victim defend against the beer disease in a timely manner, and during that process, the beer's disease faced with the beer and the beer's face and the beer's view is merely the victim's face.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the police statements of the victim E in determining the mistake of facts, the legal statements of the witness F in the original trial, and the written diagnosis, the defendant can fully recognize the facts charged in the instant case that the victim's face has been knife due to a shoulderer disease.

B. In full view of all the conditions of the arguments and the records of the instant case, including the fact that the degree of injury suffered by the victim on the assertion of unfair sentencing is not negligible and the damage recovery is not performed, and the Defendant committed the instant crime during the period of repeated offense, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow