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(영문) 대구지방법원 2017.08.17 2017노1799
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding did not have the intention of injury to the defendant, and only the victim took the clothes of the defendant and received them back, and there was only an injury in the course of the victim’s return.

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 sentence that the court below rendered unfair sentencing (the penalty amounting to KRW 1,500,00) is too unreasonable.

2. Determination

A. The Defendant recognized the instant facts charged at the lower court, but is dissatisfied with this in the first instance trial.

In view of the following circumstances acknowledged by comprehensively taking account of the legal principles related to the Doldae-dae-dae and the evidence duly adopted and examined by the court below and the court below, the defendant is recognized as having inflicted bodily injury on the victim by considering the victim's face and body at hand.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding facts and affecting the judgment.

Therefore, this part of the defendant's argument is without merit.

In a case where the defendant denies the criminal intent, which is a subjective element of the elements of crime, the criminal intent itself cannot be objectively proved. Therefore, it is inevitable to prove it by means of proving indirect or circumstantial facts related to the criminal intent due to the nature of the object.

In such a case, what constitutes an indirect or circumstantial fact ought to be determined by a reasonable method of determining the link of facts based on the normal empirical rule with a thorough observation or analysis power (see Supreme Court Decision 2005Do8645, Feb. 23, 2006, etc.). There is a perception of the possibility of occurrence of a crime, unlike a serious negligence.

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