2019Do15103 A. Injury

(b) assault;

A

Defendant

Attorney Lee Jin-hun (National Election)

Daegu District Court Decision 2017-5324 Decided October 2, 2019

January 9, 2020

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment convicting of the instant facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation, or by misapprehending the legal doctrine on the specification of facts charged, abuse of public prosecution rights, admissibility of CCTV and inquiry report as evidence, or by omitting necessary judgment and violating

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing shall be allowed. In this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Sang-ok

Justices Noh Jeong-chul

Chief Justice Noh Jeong-hee

Justices Kim In-bok