(영문) 창원지방법원 2017.11.09 2017노2092 | 리걸엔진

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Reasons

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(영문) 창원지방법원 2017.11.09 2017노2092

상해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, by misunderstanding the fact, was in opposition to the assault of the victimized person, he saw the victim’s breath, he did not inflict an injury on the injured person by the act of cutting the victim’s neck, etc.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the lower court on the assertion of mistake of facts, the following facts are acknowledged: (a) the Defendant and the victim at the time of the instant case were in dispute between the Defendant and the victim; (b) the witness E and the victim stated in the lower court to the effect that the Defendant was dead, i.e., e., fating the victim’s breath and fat, etc. on the day of the instant case; and (c) the victim suffered injury, such as multiple fating, etc. on the bats and bats.

In full view of this, it can be recognized that the defendant carried the victim's breath and pushed down the victim's neck, thereby causing the victim's injury in need of the treatment of 3 weeks.

Therefore, the court below's finding the Defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and the above assertion by the Defendant is without merit.

B. In full view of the following circumstances: (a) the Defendant denies the instant crime; (b) the damage caused by the instant crime was not less severe; and (c) the Defendant was subject to a single punishment due to a violent crime; and (d) the Defendant’s age, environment; (b) sexual conduct; (c) details of the instant crime; and (d) circumstances before and after the instant crime was committed; and (e) the sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime, the sentence imposed by the lower court is too unreasonable.

3. If so, the defendant's appeal is to be raised.

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