(영문) 서울남부지방법원 2014.01.17 2013노1977

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(영문) 서울남부지방법원 2014.01.17 2013노1977

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant in mistake of facts received the victim D's face once due to a misunderstanding of facts, but there is no fact that the victim's head was three times or four times face was taken by an empty baby as stated in the facts constituting the crime in the original judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below in light of the record of the determination of mistake of facts, the defendant was aware of the victim D that he would not smoke tobacco in the park, and the defendant was able to sufficiently recognize the fact that the victim's head was taken three times by an emptyer who is a dangerous object, such as in the facts stated in the judgment below, and the face was taken four times in this end, and the victim was injured for about 28 days in need of medical treatment. Thus, this part of the defendant's assertion is without merit.

B. The lower court appears to have determined the sentence against the Defendant in consideration of all the circumstances, and there is no change in circumstances after the sentence of the lower judgment was made, the Defendant has been subject to criminal punishment several times for the same kind of crime, the agreement or no recovery from damage was made up to the trial, the lower limit of the statutory penalty for the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) is three years of imprisonment, and other various sentencing conditions specified in the records and arguments in the instant case, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable. Therefore, this part of the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

유사 판례

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