(영문) 수원지방법원 2018.06.01 2018노798 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.06.01 2018노798

상해

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The lower court convicted the Defendant, even though the lower court found that the lower court convicted the Defendant, even though the lower part of the lower part of the neck was cut down in the process of causing the Handphone, which caused the misunderstanding of the fact, thereby causing the misunderstanding of the fact, and harming the Defendant’s body, and did not intentionally inflict any injury.

2) The sentence of the lower court (700,000) that was unfair in sentencing is too unreasonable.

2. Determination 1) In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the lower court’s judgment that convicted the Defendant is justifiable.

① In light of the size and recovery process of the injured party’s wife (the 13-15th page of the investigation record), it is difficult to view the injured party’s wife as the upper part of the hand saw, as alleged by the Defendant, by putting the gate up to the hand saw.

② At the time of a dispute between the victim and the victim, the defendant brought his/her loss to the neck of the victim, and later, the victim “I are the victim, and how we have this wheels.”

“In light of the fact that the Defendant intentionally imprisoned the back part of the victim’s timber in the trial record (55 pages, 62 pages)

full recognition may be accepted.

2) The fact that the injured party suffered a relatively minor position in determining the unfair argument of sentencing, and that it appears to have reached an contingent crime by interesting the victim and dispute between the injured party and the vehicle is a punishment for the crime of this case is favorable to the accused.

The fact that there is no agreement with the victim, and that the defendant has been punished for the same kind of crime in the past is disadvantageous to the defendant.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, the circumstances and results of the crime of this case are followed.

유사 판례

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