특수상해
The defendant's appeal is dismissed.
The Defendant alleged the misunderstanding of the substance of the grounds for appeal was without the intention of causing the victim to be injured, and was merely citing each item to defend the victim against the threat of the victim, but only she was faced with the victim's own part at the end of each item.
It is unfair that the sentence of the court below (one year of imprisonment with prison labor for six months) is too unreasonable.
Judgment
Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake, the facts that the defendant brought about the difference between the victim and the defendant who caused the loss in time and brought about the victim or used at the time of the victim, etc., and the fact that the victim was faced with each other in the course of such a process that the victim was faced with and suffered from the wife on the part of the victim.
If the facts are the same, it is recognized that the defendant has inflicted an injury on the victim with the willful negligence of the bodily injury of the defendant.
Ultimately, the defendant's above assertion is without merit.
It is recognized that the injured party expressed his/her intention not to have the punishment of the defendant, and that the accused has no record of criminal punishment exceeding the fine.
However, the statutory penalty of the instant crime is one year of imprisonment with prison labor, and the lower court sentenced the statutory minimum punishment after reducing the amount of punishment, and in full view of the motive, means and consequence of the instant crime, relationship with the victim, circumstances after the instant crime, etc., the sentence imposed by the lower court exceeded the reasonable scope of discretion by excessively lowering the sentence imposed by the lower court.
It does not seem that it does not appear.
Ultimately, the defendant's above assertion is without merit.
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.