(영문) 서울북부지방법원 2013.12.13 2013노1264

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.12.13 2013노1264

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a tension between the Defendant and the victim’s arms, there was no intention of injury.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,000,000) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, the following facts are examined: ① The victim's driver's vehicle in front of the victim's driver's vehicle is found to have been injured by the defendant's assault, such as ① the victim's vehicle in front of the victim's driver's vehicle and stopped the victim's vehicle in front of the victim's driver's vehicle and then let the victim stop and let the victim live, ② the victim was placed with the defendant, ② the defect in the defendant's vehicle in order to return to his own vehicle, ② the defendant was frightd, and the defendant was frightd up to the floor by cutting the victim's arms, ③ the victim was fucked, ③ the victim's buckbuck, etc., and according to the above facts of recognition, the defendant's intent of injury can be sufficiently recognized, so this part of the defendant'

B. In light of the following circumstances: (a) the crime of this case is an unreasonable sentencing sentence; (b) the crime of this case was committed by the Defendant’s minor problem; (c) the nature of the crime was not less than 24 years of age and the victim’s injury to the victim; and (d) the victim also inflicted an injury on the Defendant at the time of the instant case; and (c) the summary order was issued to a fine of KRW 1,00,000 for the crime that destroyed the Defendant’s vehicle after-the-job death; and (d) the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime; and (e) the circumstances after the crime were committed, and thus, it is not unfair

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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