(영문) 광주지방법원 2017.06.14 2016노4144 | 리걸엔진

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(영문) 광주지방법원 2017.06.14 2016노4144

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a misunderstanding of facts, the Defendant did not assault the Victim E, and did not inflict an injury on the Victim F, the lower court found the Defendant guilty of all of the facts charged of assault and bodily injury. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the argument of mistake of facts, the defendant was at around September 5, 2015, and the defendant was at the D Singing Practice Center operated by the defendant in Gwangju-dong, Gwangju-gu around Sep. 22:0, 2015. The defendant was at the time of the above victim's drinking problem, and the defendant was at the seat of the defendant's head, and the defendant was at the seat of the defendant's head, and the defendant was at the seat of the defendant's head, and the defendant was at the seat of the above victim's head, and the defendant was at the seat of the above victim's head, so the defendant's above argument is without merit.

2) According to the evidence duly admitted and examined by the court below as to the injury, the defendant, at around 23:05 on May 24, 2016, acknowledged the fact that the above victim suffered an injury requiring medical treatment for the number of days of medical treatment, such as making the victim go to go to the bar, and making the victim go to the bar at the bar when taking the face of the above victim after going to go to the bar. Thus, the above assertion by the defendant is without merit.

B. In full view of the fact that the Defendant was punished for the same type of crime, and the various sentencing conditions as shown in the records and arguments of this case, including the background, means, age, and environment of each of the instant crimes, the lower court’s sentence is too unreasonable, and thus, the Defendant’s argument that the sentencing was unfair is groundless.

3. Conclusion.

유사 판례

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