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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding and misunderstanding of legal principles (the part concerning the crime of special injury) that the Defendant was a person who is a fire fighter, but this was not the victim's injury but the victim was in the direction next to the victim's injury because it was impossible to move out the part, and the victim did not correspond to the victim.
Since then, the victim entered the back part of the back part of the defendant in the process of making ditches with the defendant, the defendant had started to perform the bodily injury from the time when he was punished for breath.
must be viewed.
However, at the time of commencement of the commission of injury, the Defendant did not carry with himself a person who is a dangerous object, so no special crime of injury is established.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The victim did not correspond to the defendant's reporter in the court of the court below.
The defendant and the victim were present at the scene at the time of the case.
T Also, in the court of the first instance, the defendant stated to the effect that the victim was not the victim.
However, in the statement written by the injured party immediately after the case, “A person suffered the wound in the head of the Do with whom meals had been taken.”
“.......”
The victim stated that he was present at the police at the time of the investigation, and reversed the police officer’s statement to the effect that “the fact was two times later,” which is different from the content of the statement.”
Defendant
In addition, upon the prosecutor's investigation, I stated that "the person who followed him/her by citing him/her," and asked the prosecutor's question to ask for the detailed details of the investigation, "I showed that the following water has been cut down, and the victim was stored in a water tank and sprinked."
“If you were to be correct, it would have undergone a large number of copies.”
The person who had been the victim is expected to be the victim and the victim.