beta
(영문) 춘천지방법원 2016.01.20 2014노956

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant A did not inflict any injury on the victim, and Defendant B did not take a bath for the victim.

B. Each sentence of the lower court’s unfair sentencing (Defendant A: a fine of KRW 1 million, Defendant B: a fine of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, in particular, the police statement of the F and H, the written diagnosis of injury, and the investigation report (the counter-explosion of the victim G), etc., Defendant A, like the facts charged, may inflict injury on the victim and the victim B may be sufficiently recognized facts of public insult by taking the victim’s abusive language. Thus, the above assertion by the Defendants is without merit (B). (3) Defendant A appeared at the second public trial date of the court below and led to the confession of all the facts charged in this case at the court at the court before the judge’s presence in the presence of the defense counsel to ensure objectivity and fairness under the law and there is no special circumstance to suspect the credibility of the confession. (3) The above confession did not reach an agreement with the victim on the judgment of the court below. The Defendants did not make efforts to recover damage, and considering the motive and circumstances leading to the crime in this case, and the motive and circumstances leading up to the crime and the circumstances of the Defendants’ age after the crime in this case, and there are no other circumstances for the defendants’s criminal sentencing.

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