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(영문) 대구지방법원 2016.09.23 2015노1851
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, although the Defendant was out of the victim’s safety awareness, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Although the Defendant did not threaten the victim who refused to reach an agreement, the sentence imposed by the lower court on the grounds of unfavorable sentencing (two years of suspended sentence of imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. According to the statement of the victim and CCTV images, etc. that correspond to the facts charged in this case as to the assertion of mistake of facts, it is recognized that the defendant exceeded the victim's safety awareness and laid down on the floor. Moreover, as in the facts charged in this case, it can be sufficiently recognized that the defendant inflicted an injury on the victim by assaulting the victim's face by pushing the victim's face, breaking the victim's neck by hand, repeating the victim's neck, cutting down the part of the victim's neck with both hand, cutting down the part of the victim's gate, cutting down the part of the victim's gate, and cutting down the back part of the victim's gate, and thereby preventing the occurrence of the victim's back part of the victim's gate, etc.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts

As such, the defendant's assertion of mistake is without merit.

B. Although there are favorable circumstances, such as the fact that the victim did not suffer injury, the Defendant committed the instant crime without being aware of the record of having received the prior notice of suspension of sentence due to the same crime, and there are circumstances where the victim did not put a bus at the accurate stop.

only such circumstances alone.

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