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(영문) 광주지방법원 2020.01.22 2019노2310
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles cited by the Defendant at the time of the instant case, and there was a fact of threateninging the victim and supporting the victim more than once. However, the lower court erred by misapprehending the legal principles and misunderstanding of facts, despite the fact that the Defendant abused the victim as stated in the facts constituting the crime in the judgment of the lower court, and the Defendant did not take part in the rear part of the victim, or did not take part in the victim’s chest, and the injury suffered by the victim was exaggerated.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s judgment, and the lower court rejected the above assertion by stating in detail the judgment on the summary of the evidence as stated in the lower judgment.

In light of the circumstances duly explained by the court below, the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below and the court below (i.e., the victim's statement about the situation at the time of the instant case was partially inconsistent or exaggerated, but it appears to be due to the situation at the time of the instant case, the time and time at the time of the occurrence of the instant case, the limit of memory or mistake, etc., and (ii) the victim complained of suffering from the Defendant's assault from the wall on the day of the instant case, and stated that he was at the price of the chest due to the lower lid, which was consistent in the course of the medical examination and treatment of the hospital, and the victim stated that he was at the price of the chest due to the lower lid, ③ The victim was placed on the back part of the victim's lid, which is the same as the victim's lid.

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