(영문) 수원지방법원 2015.02.05 2014노7539



The defendant's appeal is dismissed.


1. The summary of the grounds for appeal dismissed the assertion of mistake of facts on the date of the first instance trial.

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is divided into a mistake, and the defendant is the primary offender, etc. However, considering the fact that the nature of the crime in this case is inferior in light of the form of the crime in this case, the crime in this case is deemed to have caused serious damage to the victim, and the crime in this case did not reach an agreement with the victim, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances after the crime, etc., are considered, it cannot be said that the punishment of the court below is heavy.

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