beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Legal principles recognize the fact that the defendant was at the time of the victim due to provoking, but this constitutes self-defense to defend three assaults against the defendant.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Determination on the grounds for appeal
A. According to the evidence duly adopted and examined by the court below as to the assertion of misapprehension of legal principles and C's legal statement at the court below, the victim C shall be admitted the fact that the defendant she stops in front of the defendant by drinking alcohol while driving a mixed vehicle at around 02:00 on July 15, 2012, and discovering the defendant who gets home while driving the mixed vehicle, discovering the vehicle with the central line of the road, immediately following the vehicle bring, and taking the vehicle bring, and the victim she gets off in front of the defendant, and the victim she saw the defendant "Iskh and Bah" and the victim she takes the best desire, and the victim she takes a part of the victim's face one time due to the fact that the defendant's above act was made with the victim's intent of attack against the victim. Thus, the defendant's assertion is not accepted as legitimate self-defense.
B. Although there are circumstances to consider the allegation of unfair sentencing as to the assertion of unfair sentencing, it is difficult for the defendant to be detained separately on the present case, and there are many occasions to support his family, the defendant committed the instant crime even though the defendant had been punished for the same kind of crime, and even if considerable time has elapsed since the instant crime, the damage recovery has not been properly performed. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment of the court below, and there are no special circumstances or changes in circumstances that are likely to newly consider in sentencing after the sentence of the judgment of the court below, and the punishment is to be determined by reducing the summary order of KRW 50,000 by taking into account the defendant’s favorable circumstances.