(영문) 인천지방법원 2014.09.12 2014노1346 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2014.09.12 2014노1346

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is only unilaterally against the victim, and there is no injury to the victim as stated in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the following circumstances are acknowledged by the evidence duly examined and adopted at the court below and the court of the trial. ① The victim E is diagnosed from the investigation agency to the court of the trial: (i) the victim E repeated the act of opening and sending the front door by opening the Domoto 303 where the victim himself/herself is faced with, and (ii) the victim’s statement on the process and contents of the assaulted by the defendant, as described in the judgment of the court below, is generally consistent and specific; (iii) the victim’s statement on the victim’s ground and the victim’s statement on the part of the defendant was received treatment at the I Hospital on the day of the instant case; and (iv) the victim was diagnosed as being affected by injury, such as “an unknown brain salutism,” etc., which requires two weeks medical treatment, and thus, the defendant cannot be found to have inflicted injury on the victim beyond the upper floor as stated in the judgment of the court below, and thus, the defendant’s assertion of mistake of facts is insufficient.

B. In full view of the fact that the Defendant had already been punished for the same kind of crime, the fact that the nature of the crime is not good in light of the background of the instant crime, the method of the commission of the crime, the degree of injury to the victim, and other various sentencing conditions in the records and arguments, including the Defendant’s age, character and conduct, family environment, and circumstances before and after the commission of the crime, the lower court’s punishment against the Defendant is too unreasonable.

3. If so, the defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조 제4항

유사 판례

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-춘천지방법원 2012.09.19 2012노331

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