(영문) 광주지방법원 2018.09.13 2018노781 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2018.09.13 2018노781

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, did not have any intention to commit assault and assault the victim.

However, the court below which found the defendant guilty has erred by misunderstanding the facts.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and investigated by the lower court, such as the victim’s legal statement, investigation report (Submission of an injury diagnosis), CCTV video CD, etc., the Defendant’s assertion of mistake of facts in the instant crime and intent thereof, it is recognized that there was an intentional assault by the Defendant, in light of the following: (a) the Defendant and the victim are sufficiently recognized; (b) the relationship between the Defendant and the victim at the time of the instant case; (c) the circumstance during which disputes arose between the Defendant and the victim; and (d) the Defendant also sought to cut off the cellular phone cited by the victim.

Therefore, it is legitimate that the court below found the defendant guilty, and there is no illegality of mistake of facts as alleged by the defendant.

Defendant’s assertion is without merit.

B. The Defendant’s primary crime that had no record of punishment prior to the instant crime, and the fact that the victim’s injury is relatively minor is favorable to the Defendant.

On the other hand, the fact that the defendant does not seem to deny and reflect the crime, and that the victim wants to punish the defendant is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. The Defendant’s appeal is without merit.

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