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(영문) 대구지방법원 2018.02.01 2017노3442
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The fact that the Defendant misunderstanding the fact committed an assault against the victim on November 6, 2016 does not seem to have been when the victim was a fluoral disease, and there was no fact of threatening the victim by excessively citing it to the victim on November 23, 2016.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport, and the court below found the Defendant guilty of the instant facts charged on the grounds of the victim’s legal statement, etc.

2) Comprehensively taking into account the evidence duly adopted and examined by the original court and the trial court, the following circumstances are acknowledged: ① the victim has consistently made a statement at the court of original instance on the face of the head and the situation of being threatened with the defendant; ② the victim could not make a report to the investigative agency immediately after the instant case due to retaliation, etc. against the defendant; ③ the victim could not make a report to the investigation agency on the victim’s c) the victim was asked from the back of the white scks in which the victim was injured to the lower back of the original sck; ④ the Defendant asserted that the victim’s face was turned back to the lower back of the upper scam. ④ The Defendant asserted that the victim’s face was entirely two to three times. However, in light of the scirical of the victim’s inner part, it cannot be deemed that the victim’s face appears to have appeared merely on the face of the victim’s face; ⑤ according to the medical certificate following the victim’s injury, the victim’s “after the victim’s injury to the second s s disease.”

“The” described respectively, but is.

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