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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). There are favorable circumstances such as that the Defendant appears to recognize and reflect his/her mistake.
However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.
In light of the following facts: (a) the victim was faced with the shoulder of walking the road, thereby causing serious injury to the victim, such as the victim’s mouth, eye, and breath by treating the part of the face of the victim several times; (b) the victim was seriously faced with the eye of 0.04; and (c) the victim was unable to know whether the victim was able to correct the eye of 0.04; (d) the victim was able to take severe punishment against the defendant; (c) the Defendant was punished by a fine for a similar crime; and (d) the Defendant was able to have other factors of sentencing as indicated in the records and the trial process of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant crimes, means and methods after the crime, and circumstances after the crime, etc., the sentence imposed by the court below is not deemed to have exceeded the scope of reasonable discretion, or to have been too unreasonable.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.