(영문) 서울중앙지방법원 2018.10.19 2018노1932

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.10.19 2018노1932

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of causing injury to the victim G, and each of the statements between the victim and F is not reliable.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the victim has consistently and specifically stated the details and part of the Defendant’s assault or injury on the day of the instant case from the investigative agency to the court below’s trial. This part of the statement is credibility.

F Also, the investigative agencies and the court below made a statement that corresponds to the above part of the victim's statement.

One Part F does not memory a part of the content in the original trial court.

However, the credibility of the F’s prior statement that corresponds to the facts charged in the instant case is not to be dismissed.

Comprehensively taking account of these circumstances and the evidence duly admitted and examined by the court below, the defendant can fully recognize the fact that the defendant inflicted an injury by assaulting the victim as stated in the judgment below, so this part of the defendant's assertion is without merit.

B. As to the wrongful argument of sentencing, the Defendant did not appear to be against himself/herself while denying his/her criminal act, and did not agree with the victim, and the same criminal record has already been two times.

In addition, in the instant case where there is no special change in the sentencing conditions that can be considered when considering the fact that the Defendant’s age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, etc. as indicated in the record, the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that it is reasonable.

유사 판례

-광주지방법원 2018.06.27 2017노4359

-대전지방법원 2018.04.26 2018노449

-인천지방법원 2018.04.04 2017노4582

-울산지방법원 2017.02.10 2016노1525

-수원지방법원 2016.01.15 2015노4770