2017No4487 Special Injury

A

Defendant

Lee Young-Nam (Court of Prosecution) and in-depth (Court of Public Trial)

Attorney I (National Assembly)

Seoul Central District Court Decision 2017Da3684 Decided November 16, 2017

January 26, 2018

The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Error of mistake

At the time of committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to vindicate things or make decisions.

B. Unreasonable sentencing

The sentence of the court below is too heavy.

2. Determination

A. Judgment on the assertion of mistake of facts

In light of the contents of the judgment on the argument of the defendant and his defense counsel, the judgment of the court below that the defendant did not lack the ability to discern things or make decisions at the time of the crime of this case is just and acceptable, and there is no error of law that misleads the facts in the judgment.

B. Determination on the assertion of unfair sentencing

According to the sentencing guidelines set by the Supreme Court Sentencing, the sentencing guidelines for the crime of this case falls under the mitigation area where the victim's injury is recognized as minor injury by interpreting the maximum favorable interpretation of the defendant as to violence crimes, habitual injury, repeated injury, special injury, and special injury. The sentencing guidelines are from 1 year and 6 months to 2 years and 6 months.), even though the court below sentenced a sentence that does not reach the lower limit of the sentencing guidelines, it cannot be deemed that the sentence imposed by the court below is too heavy, considering all the circumstances described in the reasons for sentencing and all other conditions of sentencing specified in the records.

3. Conclusion

The defendant's appeal is dismissed.

The judge of the presiding judge;

Judges Song Jae-Gyeong

Judges Park Jong-young