(영문) 서울서부지방법원 2015.04.30 2014노1577

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(영문) 서울서부지방법원 2015.04.30 2014노1577

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was guilty of the facts charged in the instant case, despite the fact that the victim D merely sawd with the floor of hand by taking a bath, and had not taken the face of the victim by drinking, the lower court erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the police statement of D, the video CD, the video output photograph, etc. of D duly adopted and investigated by the court below as to the assertion of mistake of facts, the defendant can fully recognize the fact that the defendant inflicted bodily injury on the victim by making his/her face one time with his/her hand as stated in the judgment of the court below and making the face of the victim several times with his/her hand.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s alternative recognition of a crime and reflects on the assertion of unfair sentencing is favorable to the Defendant.

However, the Defendant’s crime of this case is a situation unfavorable to the Defendant, such as: (a) the Defendant inflicted an injury on bus drivers; (b) the method of crime or the nature of the crime is not good; (c) the Defendant has criminal records of criminal punishment several times for the same crime; and (d) the Defendant did not agree with the victim

In addition, considering the motive, circumstance, means and consequence of the crime, the circumstances after the crime, the age, career, character and conduct, environment, etc. of the defendant, various sentencing conditions shown in the records and arguments, the sentence of the court below cannot be deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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