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(영문) 대구지방법원 2014.06.13 2014노21

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant, at the time of the instant case, committed an injury to D or assaulted E, even though there was a fact that the victim D and E were punished for the injury of D and E.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment and two years of suspended execution, community service, 120 hours) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant saw a trial cost by finding the victim's excessive drinking prior to the instant case at the time of the instant case. At the time of the instant case, the victim Do was faced with the Defendant's flabing of his flab, thereby causing injury to the victim Do at the time of the instant case. The victim Do stated consistently to the purport that the victim E was aware of the victim's flabing of flabing the Defendant's flabing of flab, and that the Defendant was flabing of flabing the victim's flabing of flabing of flabing, and that there was no circumstance to reject the credibility of each of the above statements made by the victims, consistent with the victim's statement made by G and no circumstance to suspect the credibility of the above G's statement was found.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case does not err by misapprehending the facts and affecting the conclusion of the judgment.

B. Even if the Defendant found the Defendant guilty of the instant crime on the assertion of unfair sentencing, the Defendant consistently denied all of them, and did not endeavor to recover from damage up to the trial. The Defendant is a single criminal act several times.