Defendant

Defendant

Freeboard (prosecution), interest rate, or public trial

Attorney Kim Do-hee

Suwon District Court Decision 2016Gohap4067 Decided June 9, 2017

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of mistake

The judgment of the court below which found the Defendant guilty of failing to administer philophones as stated in the facts constituting a crime, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Unreasonable sentencing

The punishment sentenced by the court below (10 months of imprisonment, 100,000 won of collection) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of fact

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, ① the defendant was exempted from 11:20 on July 22, 2016 and was dispatched to the police officer after receiving 112 report, and the emergency arrest was caused by the crime of this case. At around 12:0 on the same day immediately after the arrest, the defendant was found to have detected meconc with meconc with the defendant's meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconc with meconception and meconc with meconc with meconc with meconc with meconception and meconc with meconc with meconc with meconception of meconc with the court below's ruling that the defendant was found guilty of me or me.

B. Determination on the assertion of unfair sentencing

Comprehensively taking account of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below on the defendant is deemed appropriate and too unreasonable, and there are no other special circumstances to change the above sentence. Thus, the defendant's allegation of unfair sentencing is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Noh Tae-soon (Presiding Judge)