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(영문) 대구지방법원 2020.12.23 2020노894
상해
Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was written in the B apartment C’s residence (hereinafter “instant residence”), the Defendant did not assault the victim E (hereinafter “victim”) since he only exchanged with F at that place, and did not meet the victim E (hereinafter “victim”).

In addition, around 13:30 on August 25, 2019, the defendant was not in the residence of this case, and he was together with I.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Comprehensively taking account of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant may fully recognize the fact that the defendant inflicted an injury on the victim as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake of facts as alleged by the defendant.

① The victim stated in the investigative agency that “I sold the upper part of the left head of the Defendant’s house in the instant dwelling at around 13:30 on August 25, 2019” (around 13:30 on the investigative record 7:8) and testified to the same effect in the lower trial court.

(51 pages 51). (2) At an investigative agency, D stated that “I am drinking at the inside of the instant residence on August 25, 2019 at low-income house, and I am bling about five times the victim’s left face while I am bling to the victim.” (No. 43 pages of investigation records) and testified to the same effect in the court of original instance.

(58,60 pages) (3) The F stated in the court below that he did not regard the victim as the victim at the court below, but the "the defendant and the victim" did not see any dispute.

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