beta
(영문) 서울남부지방법원 2017.02.16 2016노2313

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. On the day of the appeal, the injured party, on the day of the instant case, dumped the Defendant with water sprinking and bathing the Defendant, and caused the Defendant to commit the instant crime.

The victim's assertion of damage is somewhat exaggerated, but it is not significant to the extent of actual damage, and there is no punishment against the defendant.

The defendant was suffering from the illness of the victim, and the defendant did not intend to face the victim.

The defendant is able to refrain from drinking in the future with his depth and to live in good faith without overcoming the same mistake.

Considering these circumstances, it is difficult to request the defendant to take the best measure against the defendant.

2. Examining the Defendant’s age, sex, career, family relation, environment, motive, means and consequence, circumstances after committing the instant crime, and the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal.

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