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(영문) 대구지방법원 2020.09.11 2020노1832

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of this part of the facts charged without misunderstanding of facts, misunderstanding of legal principles (1) and misunderstanding of facts, although the defendant did not injure the victim D and assault the victim E, as stated in the facts charged.

(2) There is no fact that the Defendant spits or spits drinking, or spits drinking, to G and H, such as what is written in the facts charged.

In addition, unless there is a need to arrest a flagrant offender against the defendant, G and H did not notify the defendant of the principle of disturbance and arrested the defendant in flagrant offender, so the arrest of the above flagrant offender is illegal and the act of the defendant resisted against this is dismissed as self-defense.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The Defendant asserted the same purport in the lower court’s judgment, and the lower court acknowledged that the Defendant inflicted a bodily injury on D and assaulted E on the grounds of the circumstances indicated in its reasoning.

In addition, according to the court below's reasoning, the following facts and circumstances are acknowledged by the evidence duly adopted and investigated by the court below and the court of the trial, i.e., ① the victim D and E consistently make each of the major parts of the case from the investigative agency to the court of the court below, and the situation at the time, etc., including the specific contents that are difficult to make a statement without direct experience, and each of the victim D and E's statements is credibility; ② the victim D was visited by the MU and the National Assembly members and the Nic Health Doctors on the following day, and received medical treatment.