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(영문) 대전지방법원 2018.01.18 2017노2596

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant will die after the victim salked with his/her fingers;

In the following, it was only excessive to the victim, and there was no assault, such as the charge of this case, when the victim's face is taken, or excessive amount is divided into the side side of the victim's face, and there was no assault.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, that the Defendant’s first called out by the police officer, “the Defendant would give up the victim’s face at the time of drinking and the excessive amount of the victim’s face to the left side of the victim’s death.”

Then, the police and the court of the court below consistently made a statement consistent with the facts charged of this case. In particular, the victim threatened the defendant with the excessive interest.

In full view of the following facts: (a) the victim’s left upper part of the victim’s statement while stating that the victim’s face is self-harmed; and (b) the victim’s statement appears to have been made by exaggeration or false statement is deemed to have not been made; and (c) the Defendant also recognized the fact that the victim committed an assault and excessive charges on the part of the victim on the hand floor; and (d) the Defendant can be recognized the fact that the victim’s face is taken off as stated in the instant facts charged, and that the excessive amount is divided into two parts of the victim’s right side part of the victim’s side, and that the Defendant’s mistake

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.