beta
(영문) 대구지방법원 2017.07.07 2016노3179

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while singing at the date, time, and place indicated in the facts charged, was assaulted by the victims, and the Defendant did not inflict any injury on the victims as stated in the facts charged.

B. The sentence sentenced by the lower court (hereinafter “the penalty amount of KRW 5,00,000”) 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 determination as to the assertion of mistake of facts, i.e., the victim D, F, G, and H’s statements made in the original court as a witness, are not specific and contradictory with each other as to the background of assaulting the victims, the method of assault against each victims, and the circumstances at the time of destruction of the reflect cycle, etc., and are consistent with the investigative agency from the lower court to the lower court’s court’s court to the court, and ii) the defendant’s daily statement Q Q QJ did not regard the victim as a means of assaulting the victims or destroying

However, the statement was made to the effect that the circumstances where the dispute occurred even though it was made on the same table table, it is difficult to believe that it was made, and ③ the defendant used a singing at a stage, and assaulted himself by the victims of his own singing.

However, the victims argued that there was a dispute between J, R and victim D and F with SNS photographs, etc., and the Defendant committed the instant case while committing an assault against the victim D himself/herself.

When considering the fact that the statement of Q Q is in line with the statements of the victims, and the fact that the part of the injury as stated in the injury diagnosis report submitted by the victims is consistent with each other, the defendant may sufficiently recognize the fact that the defendant inflicted an injury on the victims and damaged property as stated in the facts charged.