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(영문) 대구지방법원 2018.09.13 2018노2011

특수상해등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 10,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence (1.5 million won in penalty) imposed on Defendant A is so unfluent that it is too unfluent.

2. Determination

A. As to the Defendant B’s assertion, the first case was charged with a special injury against Defendant B, stating that “the victim sustained injuries, such as salt pans, tensions, etc., by carrying a string block, which is a dangerous object, with approximately two weeks of treatment.” However, the prosecutor filed an application for changes of the indictment with respect to the special injury to Defendant B, and the prosecutor allowed the application for changes of the indictment from the second trial date of the lower judgment, thereby changing the subject of trial against Defendant B into the injury.

In addition, according to the testimony of witnessO, one investigation agency excluded I from the suspect from the investigation stage and eventually suspended prosecution of I.

In this regard, the lower court, on the grounds of sentencing, explained the following circumstances: (a) the individual sentencing against Defendant B, separate from the care, was “the progress and question point of this case,” and even if Defendant B was the accomplice of the injury, I did not have the prosecution; (b) the possibility or probability of assaulting Defendant B by the block from Defendant B; and (c) it appears that the thorough investigation or investigation would not be carried out; (d) the CCTV images of this case were not recorded for the reason that the part of Defendant B used the news block and used the body fighting cannot be known; (e) the arrest block was not seized; (e) the appearance of the news report block was not seized; (e) the body’s wife, such as the faces of A’s face, cobranes, optical bones, opical bones, and stroke, such as the mouth of the upper body’s face, has been protrudinged, and there was a possibility or probability of injury caused by drinking, etc.; and (e) further, determined it.

In principle, prosecution is to be instituted in sentencing.