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(영문) 대구지방법원 2018.04.20 2017노4655
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant unilaterally committed an assault against the victimized person at the time of the instant case, and did not injure the injured person or injure the injured person (main assertion). Even if the Defendant exercised force by means of pushing the injured person in the process of fighting his body with the injured person, the Defendant had the intent to commit an assault against the injured person.

must be seen, and there was an intentional injury.

It is difficult to see that the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The appellant for the primary argument at the lower court asserted the same purport as the grounds for appeal in this part, and the lower court rejected the above argument by clearly explaining the Defendant’s arguments and the judgment following the summary of the evidence.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

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

B. According to the evidence duly admitted and examined by the lower court, the Defendant was found to have obstructed the victim’s chest by force to the extent that the injured party’s fingers down the floor.

In light of the victim’s age, health status, etc., there was a perception and intent that the defendant may inflict injury on the victim when he exercises the same force of force.

It is reasonable to view it.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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