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(영문) 수원지방법원 2016.10.13 2016노5425

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

1. Summary of grounds for appeal;

A. In relation to the injury caused by a special injury on March 29, 2016, the Defendant took the victim D on March 29, 2016. However, at the time of the crime, the Defendant did not use dangerous articles, such as a wooden net, blar, scarf tape, and knife. Nevertheless, the Defendant used a dangerous object, such as a wooden net on March 29, 2016 and a scarf tape in a knife and knife the victim’s hand and face, and used a dangerous object, such as knife the victim’s knife and knife the victim’s knife, and found the Defendant guilty of the special injury among the facts charged in the instant case, the lower court erred by misapprehending the fact that the Defendant was guilty of the victim on May 1, 2016.

Nevertheless, on May 1, 2016, the judgment of the court below which found the defendant guilty of the injury among the facts charged in this case is erroneous in the misapprehension of the facts.

B. The sentence imposed by the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. On March 29, 2016, the following circumstances revealed by evidence duly adopted and investigated by the court below regarding the special injury by the victim on March 29, 2016, i.e., the victim D, the defendant's house after drinking his phone on March 29, 2016, and the defendant came to talk at that place, and the defendant would go to his own house. Furthermore, the defendant was able to have his own house at a wooden net on several occasions, and the head was her own head was flick with an Ablish, and his hand and nose was flick with his own cell phone, and it was into the male relation with his own cell phone, and the mobile phone statement is false.