(영문) 인천지방법원 2019.11.21 2019노2735 | 리걸엔진

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(영문) 인천지방법원 2019.11.21 2019노2735

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of misunderstanding of facts, while drinking alcohol together with the Defendant, she was faced with face on the side of the model of the model of the phish, while the victim of misunderstanding of facts was under the influence of alcohol, and the defendant was not at the time of the victim.

B. The sentence imposed by the lower court (six months of imprisonment) is excessively unreasonable.

2. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined: ① The victim, considering the following circumstances, i.e., "the victim drank alcohol with the defendant and the defendant was unable to have her hand and her hand, and she was fright to the right side of drinking with her hand when she was her handed by the defendant's hand, and she was her handed by her hand and her handed by her hand," ii) the victim reported 112 immediately after the instant case, and 112 if the victim was faced with her scambling, she would not have reported 12 if she was her own, and her was deemed to have been her to have suffered from her scam. ③ The defendant sent text messages with the victim on the following day of the instant case.

Therefore, the defendant's assertion is without merit.

3. Although the defendant did not have the record of being punished since 2007, considering the following circumstances: the defendant's act was seriously injured by the victim; the background of the crime in this case; the defendant's criminal records; the defendant's age, character and conduct, environment; the motive, means and result of the crime; and the circumstances after the crime, etc., which are the conditions of sentencing as stated in the argument in this case, such as the circumstances after the crime, are too unreasonable; thus, the defendant's assertion is without merit.

4. According to the conclusion, the defendant's appeal of this case is groundless, and thus, it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

유사 판례

-인천지방법원 부천지원 2019.08.09 2019고단436

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-전주지방법원 2016.01.22 2015노1249

-대구지방법원 2014.07.18 2014노387