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(영문) 대구지방법원 2015.04.24 2014노2446
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is guilty of the facts charged in this case by misunderstanding the facts and affecting the conclusion of the judgment, even though the Defendant was guilty of all the charges of this case, even though he did not have inflicted bodily injury on the victim due to the breath’s illness, by putting the victim into breath and breath with the victim’s breath.

B. When committing the instant crime, the Defendant was in a state of mental disorder or mental disorder.

C. The sentence of one and a half years of imprisonment sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by evidence duly admitted and investigated by the lower court and the first instance court, the fact that the Defendant inflicted an injury on the victim due to an empty injury, which is a dangerous object, can be sufficiently recognized as stated in the lower judgment.

(1) The Defendant recognized all of the instant crimes in an investigative agency and a court of original trial, and no special circumstance exists to suspect the credibility of the confession of the Defendant.

② According to the N's opinion of the major N's major of the Daegu University Hospital, the victim's upper part is difficult to see it as the left part in light of the length of the water and the depth of the upper part, etc., and it is highly likely that the victim's upper part might be injured by an unshicker's disease.

③ After the occurrence of the instant case, a police officer reported a crime to the Daegu Regional Police Agency 112 general situation room to the effect that a person who was at the scene at the time reported a crime to the effect that “the face is able to be able to be able to be able to face by a disease.” The victim called the Defendant before the police officer called out, and stated that “the low-class

④ Following the occurrence of the instant case, the victim was the head, face, and ear of an emergency room of the Daegu University Hospital, with respect to the background leading up to the medical personnel in the emergency room of the University Hospital.

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