(영문) 대구지방법원 2014.11.14 2014노1525 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2014.11.14 2014노1525

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any mistake of facts against the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the court below's decision, the victim consistently states that two of the defendant had been omitted because the part from the time of the case to the court below's face drinking, according to the police officer's statement or first-aid services, the victim was suffering from the front of the case at the time of the case, and the victim was suffering from the front of the case at the time of the time of the accident. The victim was merely receiving dental treatment in 2004 and 2006, and was not receiving any specific dental treatment thereafter. It is difficult to view that the front of the case was omitted at the time of the case, and there is no possibility that the victim was suffering from the front of the case at the time of the case. In full view of the above circumstances, the fact that the defendant inflicted injury on the victim by sufficient means can be recognized.

Therefore, the defendant's above assertion is without merit.

B. It is not recognized that the lower court’s punishment is too unreasonable in light of the following factors: (a) although it is recognized that the instant crime was committed in the course of suppressing the victim who caused disturbance without paying the judgment on the allegation of unfair sentencing; and (b) the victim did not want punishment against the Defendant; (c) the degree of injury of the victim is not minor; (d) the victim has not been recovered from damage; and (e) the Defendant has a criminal record of fine due to the same crime; and (e) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, circumstances of the instant crime, and circumstances

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

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