(영문) 서울북부지방법원 2017.02.02 2016노1813

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.02.02 2016노1813

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant had committed the victim as stated in the facts constituting the crime in the judgment below, the court below erred by misapprehending the legal principles in accordance with the rules of evidence and thereby convicted the Defendant of the facts charged in this case based on the victim’s statement and the written diagnosis of injury resulting therefrom.

B. The punishment sentenced by the lower court against the Defendant (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the court below's determination that the defendant was guilty of the facts charged in this case by considering the victim's head at one time as stated in the facts charged in the judgment below is just and acceptable, and it is insufficient to reverse this even if the statement of the witness P at the court below was added.

Therefore, the judgment of the court below did not err in the misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and the defendant's above assertion is without merit.

B. In full view of the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment regarding an unfair assertion of sentencing; and (b) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense; and (c) the circumstances after the commission of the offense, etc., it is not deemed unfair

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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