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(영문) 대구지방법원 2015.09.01 2014노3993

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it is possible to fully acknowledge the credibility of the victim's statement evidence and written diagnosis of injury, the court below rejected it without any reasonable reason and rendered a not guilty verdict of the facts charged of the injury of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) against the Defendant is too unjustifiable.

2. Determination

A. The lower court, based on its reasoning, acquitted the victim of the facts charged of the instant injury on the ground that it is difficult to recognize the credibility of the victim’s complaint, each of the statements in the police and the court of the lower court, and the medical certificate based on such statements, and found it difficult for the lower court to find

In full view of the circumstances found by the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. The Defendant’s rejection of the instant crime and did not object to the mistake, and the Defendant’s refusal to agree with the victim until the trial is trial is disadvantageous to the Defendant.

On the other hand, the fact that the degree of violence is not so severe, the victim is provoking a criminal act in the course of a dispute between the defendant and the victim, and the fact that the defendant has no record of criminal punishment for about 30 years is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed too unjustifiable and unreasonable. Therefore, the Prosecutor’s aforementioned assertion

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