특수폭행
The defendant's appeal is dismissed.
All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.
1. Summary of grounds for appeal (misunderstanding of facts of the defendant and improper sentencing);
A. At the time of the instant case, the Defendant: (a) was the victim and the victim, but did not have any dispute with the victim; (b) was the victim, and (c) did not have been the victim due to the
B. Even if the facts charged in the instant case were found guilty, in light of the motive, circumstance, degree of damage and the Defendant’s primary offender, etc. leading up to the instant case, the punishment sentenced by the lower court (3 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., ① the victim made a specific and consistent statement to the effect that “the victim was broken of the victim’s head due to beer’s disease” in the police and the lower court court’s court court’s determination, and there is no specific circumstance or material to suspect credibility thereof; ② the victim appears to have been diagnosed by a hospital on the day of the commission of the crime, and there appears to have existed pain in the head during which the victim was diagnosed by the hospital (if the head was broken of the relevant beer disease due to the empirical rule, there seems to exist cases where there seems to occur no apparent trauma even if the head was broken of the beer disease due to the relevant beer disease), the fact that the Defendant abused the victim as stated in the
Therefore, the defendant's assertion of mistake is rejected.
B. There is no new special circumstance or change of circumstances that can be reflected in the sentencing after the judgment of the court below on the unfair argument of sentencing is sentenced.
The fact that the defendant has no record of criminal punishment before the instant case is favorable to the defendant.
However, the crime of this case committed by the defendant with the head of the victim due to beer's disease is not less than that of the crime in light of the risk.
In addition, the agreement with the victim as well as the recovery of damage has not yet been made until now, and the defendant is under trial.