상해등
The appeal is dismissed.
The grounds of appeal are examined. According to Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, the court may transfer a case that is deemed appropriate to be subject to a protective disposition among domestic violence cases by respecting the intent of the victim of the crime of domestic violence as a home protection case, and does not necessarily have to handle all domestic
Considering the nature, motive, and result of the instant case as indicated in the record, the Defendant’s character and conduct, etc., it is not reasonable to treat the instant case as a home protection case.
Therefore, the lower court violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence that did not treat the instant case as a home protection case
Nor can it be deemed that there was a misunderstanding of legal principles as to the above law.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.