beta
(영문) 인천지방법원 2017.01.20 2016노4285

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to ① misunderstanding of facts, the injury suffered by the victim D is extremely minor, and there is no need to treat the victim D, and there is no impediment to naturally healing and living a daily life. Thus, the injury in the crime of injury cannot be deemed as an injury. ② As to the insult of the victim F, the Defendant does not have any abusive language against the victim F.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant's misunderstanding of facts, as stated in the judgment of the court below, was faced with the victim D's head and rear her body by pushing the victim D's head and rear her body and faced with the wall, causing injury to the victim D such as crypump, tension, etc., and it can be sufficiently recognized that the victim F was insulting by taking a bath to the victim F. Thus, the above assertion by the defendant is without merit.

B. Although the sentencing is unfair, there is a favorable condition for the Defendant, such as the fact that the Defendant was the primary offender, the Defendant did not recover from damage, the Defendant’s failure to resist while denying a part of the crime, and the Defendant’s age, sex, sex, environment, family relationship, circumstances, motive, means and consequence of the crime, frequency of the crime, relationship with the victims, and circumstances after the crime, etc. are considered, the sentence imposed by the lower court is too 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.