(영문) 인천지방법원 2018.04.18 2017노4763 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.04.18 2017노4763

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged that he was guilty of the facts in the instant case, even though he did not inflict an injury on the victim, and only sustained an injury in the process of gambling the head of the Defendant while the victim was stuffed, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant (the amount of KRW 3 million) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts was examined, and the evidence duly adopted and examined by the court below can be comprehensively admitted as follows: ① The victim stated in the investigative agency that "the victim was unable to salute the face side by salveing each other with salves, and salveing it with several salves, making it difficult for the victim to salves. Accordingly, the victim's left part of the eyebrow was teared and under the left part." ② The defendant stated in the investigative agency that "the defendant stated that "the victim was salved with each other by salbbling and salveing and salveing the face face," and that "the victim was salved with the victim's body part of the victim's body, and the victim's body part was salved with the victim's secret eye and left part of the victim's body, and it appears that the above Defendant's body was caused by the Defendant's assault.

In light of the above, it is difficult to see that the defendant has inflicted bodily injury on the victim. Thus, the defendant's assertion of mistake is without merit.

B. In light of the following: (a) examining the determination of the unfair argument of sentencing; and (b) taking into account the various sentencing conditions indicated in the instant records and arguments, the lower court’s sentence is too unreasonable even if considering the circumstances alleged by the Defendant on the grounds of appeal.

3. In conclusion, the defendant's appeal is justified.

유사 판례

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-서울중앙지방법원 2016.05.13 2016노69

-수원지방법원 안산지원 2013.03.28 2012고정2364

-서울중앙지방법원 2018.03.29 2017노4636