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Reasons
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(영문) 인천지방법원 2016.05.27 2015노4203
상해
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is that there was a fighting between the victim B, but there was no fighting with the victim's body, or there was no flag with the victim's face by drinking or tree stuffing.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant's assertion is without merit, since the defendant can sufficiently recognize the defendant's face and part of the victim's face as stated in the judgment of the court below, booms the victim's face and part of the ship, and booms with tree booms.

B. Although there is a relatively less favorable condition for the Defendant, such as the fact that the degree of bodily injury is not severe, the instant crime is deemed to have been committed by the Defendant, due to the inheritance of property, etc., and the nature of the instant crime is considerably poor in light of the background and form of the crime, etc., and the Defendant did not seem to have committed any effort to recover from damage, which is not contrary to the Defendant’s denial of the instant crime, and that there was a history of criminal punishment for the same crime, and other circumstances that form the conditions for the sentencing indicated in the records, such as the Defendant’s character, character, environment, age, motive and circumstance of the crime, means and consequence of the crime, relationship with the victim, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

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.

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