특수상해등
The defendant's appeal is dismissed.
Of the facts charged in this case, as to the injury of the defendant among the facts charged in this case, the head of the defendant and the injury of the victim are faced while the defendant fighting with the victim C, and there is no fact that the defendant committed an assault on the part of the victim on one occasion by assaulting the victim on one occasion, and there was no intention to inflict an injury on the defendant.
As to the charge of obstructing the performance of official duties among the facts charged in the instant case, the Defendant cannot be found to have committed an act identical to this part of the facts charged, as he was under the influence of alcohol.
그럼에도, 위 각 공소사실을 유죄로 인정한 원심판결은 사실을 오 인한 위법이 있다 피고인의 변호인은 항소 이유서에 이 사건 공소사실 중 특수 상해의 점에 관하여, 피고인이 목검으로 피해자를 때린 것이 아니라 목검을 벽에 집어 던졌는데 튕겨 져 나온 목검에 피해자가 맞은 것일 뿐이므로, 피고인에게 상해의 고의가 없었다는 취지로 기재하였으나, 피고인이 당 심 제 1회 공판 기일에서 피해자를 목검으로 때린 사실을 인정한다고 진술하여 이 부분 항소 이유를 철회하였다 .
The punishment sentenced by the court below (one year of imprisonment, confiscation) is too unreasonable.
Judgment
The following facts are acknowledged by the evidence duly adopted and investigated by the court below as to the determination of the alleged misunderstanding of facts: (a) the victim C stated in the investigative agency that “the victim C was "one in front of the victim’s face at the Daegu-roro-ro around August 2015 when the victim’s face was taken as drinking,” and (b) the Defendant stated in the investigative agency that “the victim and the two were drinking with each other as a matter of drinking alcohol, but the victim was not intentionally, but he was sleeped with the victim’s face, and the victim was sleeped by the victim’s face.