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(영문) 대구지방법원 2018.01.26 2017노3980

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant misleads the victim of the fact is recognized, but there is no fact that the victim was placed on the part of the defendant who was a dangerous object.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts: ① The victim was a small-scale student on the table of the Defendant’s head and shouldered by the Defendant at an investigative agency, thereby the head of the victim was cruel, and the head was cruel, and there was a wound in this end.

(2) The victim shall be treated at the hospital on the following day, and the victim shall be issued a written diagnosis of injury, and the written diagnosis of the above injury shall be accompanied by the head of the victim, and shall be deemed to have suffered bodily injury, such as the impairment of the sphere.

In the records, it corresponds to the above statement of the injured party, ③ the discovery of a prone disease at the scene, ④ the accused led to the crime of this case in the investigative agency and the court of original instance, ⑤ The fact that the accused was the head of his head due to a prone disease is unclear in the court of original instance.

In light of the fact that the victim’s written application was submitted, but it is difficult to believe it in light of the above circumstances, etc., the Defendant may fully recognize the fact that the Defendant inflicted an injury on the victim due to an injury on the part of the victim, which is a dangerous object, as stated in the judgment below.

The assertion of facts is without merit.

B. There are favorable circumstances, such as the fact that the Defendant’s judgment on the unfair argument of sentencing reflects his mistake, that the Defendant agreed with the victim in the course of the investigation, that the Defendant seems to maintain a good relationship, and that the Defendant had been punished once for the same crime, but was around 191.

However, the crime of this case is committed by using dangerous objects of the defendant.