(영문) 서울동부지방법원 2015.11.20 2015노796

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.11.20 2015노796

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim’s statement on the part of the assault committed by the defendant (definite or misunderstanding of legal principles) does not coincide with the CCTV shooting face or the facts charged, and D stated as if he had been witnessed by the investigative agency even though he did not witness the scene of the assault, and even on the front of the CCTV shooting page, the victim’s statement on the part of the assault committed by the defendant (definite or misunderstanding of legal principles) was not confirmed, and the victim’s wife did not have attempted to reach an agreement with the defendant’s wife

B. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant by the prosecutor (unfair punishment) is too unhued and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the trial court as well as the judgment of the lower court as to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant inflicted an injury on the victim who was crypted during the dispute with D is sufficiently recognized.

B. Although the prosecutor’s assertion of unfair sentencing is acknowledged that the result of the judgment on the prosecutor’s argument of unfair sentencing is heavy and the damage has not been recovered, considering the fact that the defendant was the primary offender, the fact that the defendant seems to have been seriously injured by the victim in the course of a dispute, and that the victim’s sking appears to have affected the degree of injury, as well as the various circumstances that form the sentencing conditions, such as the defendant’s age, career, and family relationship, the sentence of the court below is not deemed unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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