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(영문) 대구지방법원 2018.07.20 2018노1241
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the witness F’s statement consistent with the victim’s statement and the written diagnosis of injury corresponding to the above statements as to the consistent statement, method of assault, etc. of the victim’s injury by misunderstanding of facts, the court below rejected the victim’s credibility and acquitted the victim of the injury by assault, and erred in the misapprehension of facts in the judgment below which acquitted the victim of the injury by assault.

B. The sentence sentenced by the lower court to the Defendant (the suspended sentence of KRW 300,000) is too uneasy and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the victim's assertion of mistake of facts, the victim consistently committed assault against the victim's left side by "the injured party was "the aged and older" and "the injured party was "the aged and older," and the injured party was flabed by flabing the victim's flab with his left hand.

“The victim’s son F made a statement to the effect that it was similar to the Defendant with respect to the horses and methods of assault as above; the victim’s son’s son’s son’s son’s son’s son’s son’s left side, the victim’s son’s son’s son’s son’s son’s son’s

It is recognized that the descriptions are written.

However, the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, i.e., F’s statement: (i) whether the victim was on the part of the night tree heading, but the victim was at night, and why was why the victim was at the first meeting with the Defendant.

The statement was made by the victim immediately after the victim made a statement, that the victim was “this Domine” and the defendant started violence against the victim by “the Domine,” and the victim was consistently committed at the time of N's house.

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