logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.11 2018노988
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the facts, the Defendant did not recognize the fact that the victim was used at the time of driving the vehicle, and did not think of the injury to the victim.

Even so, the court below held that the defendant injured the victim.

As such, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, community service order, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the defendant argued the same purport in the court below, and the court below rejected the above assertion in detail with the defendant's assertion and its decision in the column of "decision on the defendant's intentional act". In light of the records and the thorough comparison of the reasoning of the court below, the above judgment of the court below is just, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant

B. As to the wrongful assertion of sentencing, the lower court determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial at the same time. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and unreasonable.

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

arrow