상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) argues that the defendant's above act constitutes a legitimate act, and there is no error of misunderstanding of the legal principles or misconception of the facts alleged by the defense counsel in the second trial date of the second trial where the time limit for submitting the grounds for appeal elapses, and the time limit for submitting the grounds for appeal is too too far after the second trial date of the trial where "the defendant deducteds the defendant's arms to remove the part of the defendant's arms by force on the wind, and thereby the injured party's satisfes the part of the defendant's arms." However, the defendant's above act does not constitute a legitimate act, and even after ex officio examination of
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
2. Considering the unique area of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct determination under the Criminal Procedure Act, and the ex post facto core nature of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion in light of the following factors: (a) the conditions of sentencing specified in the process of the first instance sentencing hearing and the sentencing criteria, etc.
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.
Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As a result, a dispute occurred while the victim and the Defendant was taking advantage of a cab operated by the Defendant, which led to the instant crime, has occurred, and the victim has first expressed a severe desire and committed assault against the Defendant, etc., which is favorable to the Defendant.
However, this case.