(영문) 수원지방법원 2014.04.04 2014노499 | 리걸엔진

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(영문) 수원지방법원 2014.04.04 2014노499

상해

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The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unfair punishment)’s penalty of KRW 2,00,000, which the court below sentenced to the defendant, is too uneased and unreasonable.

B. Defendant 1) misunderstanding of facts only one time when the victim's bucked, and there is no fact of inflicting injury on the victim. Even if the court below found the defendant guilty of unfair sentencing, the court below's punishment is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, i.e., (i) the victim stated from the investigative agency to the court of the court below that the head, face, chest, etc. was consistently followed by the defendant, (ii) the victim was issued a written diagnosis of injury on the day of the case and submitted to the investigative agency; (iii) some of witness present at the scene at the court of the court below in the court of the court below and held that "the defendant was present at the time to prices the head part of the victim's body as a witness at several times and at the time," and "the defendant was pushed the chest of the victim's body, regardless of who is the person who is in the face," and each statement stating that "the victim was bread by the victim, and there was considerable her bather with the victim's batch" as stated in the judgment of the court below.

This part of the defendant's assertion is without merit.

B. We also examine the argument on unreasonable sentencing by the Defendant and the prosecutor.

Due to the Defendant’s assault, the victim suffered minor injuries, and the victim revoked the complaint against the Defendant in the trial.

In full view of all the above favorable circumstances and various conditions of sentencing as shown in the record, the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's argument of unfair sentencing is without merit.

유사 판례

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