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(영문) 대구고등법원 2017.07.06 2017노74

중상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

In light of the summary of the grounds for appeal in this case, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable because it is too unreasonable (the defendant was unable to expect the victim C to obtain cerebral blood in this case in relation to the point of serious injury in the grounds for appeal, and the victim H was not injured with regard to the point of special injury. However, although the defendant alleged that he did not inflict any injury on the victim C, he withdrawn the above argument to the effect that misunderstanding of facts at the trial date of the first trial of the court of the first instance, and arranged to dispute only unfair sentencing on the grounds of appeal. The above misconception of facts cannot be a legitimate ground for appeal, and even after examining ex officio, there was an error of law by mistake as pointed out by the defendant.

Examining various sentencing conditions in this case, the crime of this case was committed by the defendant while drinking and drinking with the victim C, resulting in an injury to the victim C's face, chest, head, etc. due to drinking and drinking, causing danger to the victim's life, and the victim H resisted against the defendant who is driving with dystobbbbbbs in the leg, resulting in an injury to the victim's body on the ground that the victim H resisted with the victim's body and resisted against the defendant who is driving with dystobbbbs in the dys, and caused the victim's dyspbbsp in the right-hand bbbbbbs, etc., in light of the motive, content and method of the crime, and relation between the defendant and the victim, etc. on May 1, 2015, and the defendant was sentenced to imprisonment with prison labor for the same kind of crime as the victim's punishment (i.e., violence and so on) during the execution of the crime of this case.

On the other hand, the defendant was aware of the crime of this case and expressed in depth.