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(영문) 인천지방법원 2019.10.31 2019노1263
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the special injury resulting from mistake of facts, the Defendant did not have any fact about the back part of the victim due to a shoulderer beer disease.

B. As to the special injury caused by mental illness, the Defendant was under the influence of alcohol at the time and was in a state of mental disability.

C. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The court below duly adopted and examined the evidence as a whole, i.e., the following circumstances acknowledged by the court below, i.e., ① the victim made a statement to the police officer called upon 112 Report (Matters to be reported: Violence injury) from the date when the victim was sent to the court below, to the effect that “the defendant made a part of the victim’s face with beer and shoulderer disease.” The victim’s statement does not reveal any circumstances to suspect credibility; ② the victim was exposed to the face and neck at the time when the police officer was sent to the scene; ② the victim was faced to the front part at the time when the police officer was sent to the scene; ③ the defendant was under the influence of alcohol; ③ The defendant was under the influence of alcohol but was under the influence of alcohol from Q and Ro-gu R, who was witness but was under the influence of witness, and the victim was under the influence of the witness at the time of witness, and the victim was not under the influence of the victim’s body, and the victim was not under the influence of the victim’s body.

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