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(영문) 대구지방법원 2019.03.22 2019노77

특수상해

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and four months of imprisonment) is too unhued and unfair.

B. Defendant 1) The judgment of the court below that found Defendant guilty of the facts charged in this case on the grounds that the Defendant merely fighting with the victim and did not have a knife or knife with the victim, was erroneous, which affected the conclusion of the judgment. 2) The sentence imposed by the court of unfair sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment on the Defendant’s assertion of misunderstanding of facts are: ① the victim made a statement consistent with the facts charged in the investigation agency and the court of the lower court; ② the investigation agency and the court of the lower court consistently stated in the purport that “E is a punishment for a dispute between the Defendant and the victim, coming into the main room and knife the Defendant, or knife the victim.” There is no special circumstance for E to make a false statement; ③ The police at the scene upon receipt of the report at the time of the crime of this case appears to have removed the Defendant and the victim who was sent to the scene, and the victim’s finger was removed from the court of the lower court, and the victim’s fingers away from the floor.” ④ The victim’s photograph and the victim’s knife, at the time of the crime of this case, did not appear to have been under the influence of the victim’s knife at the time of the crime of this case.”