특수상해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by defense counsel;
A. The Defendant is not guilty of having inflicted an injury on the victim's head by stick on the day of the occurrence of the instant case.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.
B. In light of the fact that the victim’s injury caused by the instant crime was a heat that requires treatment for about 10 days, and the degree of damage was relatively heavy, the Defendant was hospitalized in brain 2014 and was judged at Grade 6 on the right side side by disability, and that the health condition was not good due to the heart color, etc., the family was removed after the divorce with the previous wife, and it is practically difficult for the victim to compensate for damage and agree with the director after the occurrence of the instant crime, the lower court’s sentence that sentenced one year to imprisonment is too unreasonable.
2. Determination
A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged the same purport as the argument in the grounds of appeal. The lower court also asserted that the victim’s statement is specific and detailed, the victim’s statement cannot be found inconsistent with the victim’s statement, and the content of the victim’s medical record conforms to the victim’s statement; the victim’s stick appears to be in accord with the victim’s hand-on part, and there are other circumstances where the victim’s intent to gather the Defendant.
In light of the fact that it is not visible, there is credibility in the victim's statement.
After determining the Defendant’s assertion, the lower court rejected the Defendant’s argument and found the Defendant guilty.
In light of the evidence duly admitted and examined by the court below, the above judgment of the court below is justified and there is no error as alleged in the grounds of appeal.
B. Illegal assertion of sentencing.