(영문) 인천지방법원 2019.01.16 2018노3330 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.01.16 2018노3330

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case in the absence of a mistake of fact when the victim was injured is erroneous and adversely affected by the judgment.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. In light of the contents of the judgment of the court of first instance and the evidence duly examined by the court of first instance, unless there exist extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in full view of the results of the first instance examination and the results of additional evidence examination conducted by the time the arguments were concluded, maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is remarkably unfair, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2017Do7871, Mar. 29, 2018; 2008Do7917, Jan. 30, 209). The court below legitimately adopted the evidence and sufficiently acknowledged the facts that the defendant inflicted injury on the victim as stated in the facts charged in this case.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change of circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the circumstances alleged by the defendant as grounds for appeal are considered, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

참조판례

-대법원 2009. 1. 30. 선고 2008도7917 판결

-대법원 2018. 3. 29. 선고 2017도7871 판결

유사 판례

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