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(영문) 부산고등법원 (창원) 2019.03.20 2018노299
특수상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Since the Defendant, in a knife with a knife, inflicted an injury on the victim’s head, the judgment of the court below that found the Defendant guilty of the facts charged in this case is erroneous in misconception of facts

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

A. The Defendant also asserted the same purport as the above grounds for appeal in the court below’s determination of mistake of fact, and the court below rejected the above assertion by giving a detailed statement on the Defendant’s argument in the three to six pages of the judgment.

The court below duly adopted and examined the following circumstances, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, i.e., the victim made a statement at the police investigation that the defendant was injured by her head by knife, and the victim was present at the court of the first instance to the same effect as a witness. The victim's statement is consistent and detailed, there is no motive to mislead the defendant, and ii) the victim made a statement at the court of the first instance that it was not well-founded that the defendant was dead by knife with any part of the knife. However, considering the fact that the crime of this case was committed and the fact that the victim was dead by knife at the court of the first instance, it is sufficiently acceptable in view of the fact that the victim was dead by knife, and that it was hard to doubt the credibility of the victim's statement by knife at the court of the first instance and the court of the first instance.

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