상해
The defendant's appeal is dismissed.
In other words, the defendant did not inflict any injury on the victim, and there was no intention to inflict any injury on the victim.
The punishment of the lower court (three months of imprisonment) is too unreasonable.
Judgment
In the lower court’s determination on the assertion of mistake of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and found the Defendant guilty on the charges by providing detailed explanation of the Defendant’s assertion and its determination (it is recognized that the Defendant had the intention to injure the victim with the intention to injure and close the living room) under the title of “Determination on the Defendant’s and his defense counsel’
Examining the judgment of the court below and the court below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.
subsection (b) of this section.
Therefore, the defendant's assertion of facts is without merit.
The sentencing of an unfair claim for sentencing is a discretionary judgment that takes into account the conditions for sentencing prescribed in Article 51 of the Criminal Act, on the basis of statutory penalty, within a reasonable and appropriate scope.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
2.2