특정범죄가중처벌등에관한법률위반(보복폭행등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. 1) The Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refluoring Violence, etc.) and committed an assault against the victim. However, the frequency and degree of the assault are different from those stated in the facts of the offense in the judgment below, and the assault was not committed for the purpose of retaliation against the victim that did not cause any agreement.
2) A special injury is the case where the victim was faced with a beer’s head and the victim was faced with a beer’s wound, and the victim was injured by a beer’s wound, and there is no fact that the victim was inflicted an injury by getting the beer’s head to the beer’s body.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part, and on this, the lower court determined that the Defendant assaulted the victim four times with the purpose of retaliation as stated in the facts constituting a crime in the lower judgment and inflicted injury on the victim due to beer’s disease, by sufficiently explaining the circumstances as indicated in its reasoning under the title of “determination on the assertion of the Defendant and his defense counsel”.
Examining the evidence legitimately adopted and examined by the court below in a thorough comparison with various circumstances based on its determination, the court below’s aforementioned determination is just and acceptable. In so doing, the court below erred by misapprehending the legal principles as alleged by the defendant.
shall not be deemed to exist.
Therefore, this part of the defendant's argument cannot be accepted.
B. As to the wrongful assertion of sentencing, the Defendant agreed with the victim of the special injury crime in the course of investigation, and the said victim does not want the punishment of the Defendant, and most of the instant crimes are under the influence of the Defendant.