(영문) 서울동부지방법원 2018.04.27 2017노1861

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자간(%)

(영문) 서울동부지방법원 2018.04.27 2017노1861

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. Although the snow and half part of the victim’s misunderstanding of fact were assaulted on one occasion, there was no few times by hand, and only snow, other than the coco part, the victim’s dunes does not occur due to the Defendant’s assault.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same as in the lower court, and the lower court found the Defendant guilty of the instant charges on the ground that the Defendant was guilty of the instant charges, taking into account the circumstances acknowledged by the evidence duly admitted and investigated by the evidence.

In light of the circumstances revealed by the court below and the following circumstances acknowledged by the above evidence, namely, the victim consistently stated the part of the course of the assault to the court from the investigative agency to the court, and in light of the contents of the diagnosis issued on the same day as the victim's photograph taken the following day of the assault, all of the above statements are reliable, and the victim's injury as stated in the facts charged of the instant case includes "damage, etc. to the dives of the closed face" as well as "damage to the dives of the closed face, etc.", the court below's rejection of the defendant's assertion and the judgment of guilty of the facts charged of the instant case is just and acceptable, and since the materials submitted by the defendant in the trial are insufficient to reverse the above judgment, the defendant'

B. According to the argument and record of the instant case’s determination of the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully considering the various sentencing grounds asserted by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. If so, the defendant-appellant.

유사 판례

-춘천지방법원 2018.07.20 2017노461

-서울동부지방법원 2017.06.02 2016노1675

-인천지방법원 2021.01.21 2020노3254

-창원지방법원 2017.10.25 2016노2587

-대전지방법원 2018.10.25 2018노1340