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(영문) 광주지방법원 2018.01.10 2017노4008
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had not inflicted an injury on the victim by inserting dangerous articles, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of facts is admitted based on the evidence adopted and examined as a whole. ① The victim has consistently and objectively stated the following circumstances: (i) the defendant from the investigative agency to the court below to the court below; (ii) the defendant's oral and behavior at the time of the case; and (iii) the part where the witness J, F, H, and I's statements are consistent with the victim's statements; and (iv) at least, it seems that the victim's statements are relatively objective; and (iii) the defendant argued that the defendant was able to find the victim's injury as a result of the victim's insertion; (iv) the victim's f, H, and I's oral statements were made at the time of the case; and (v) the victim's oral and written statements were made at the time of the case; and (v) the defendant's oral statements were hard to find that the victim's injury was caused by the victim's injury because it was difficult to see the victim's injury or the victim's injury.

The decision was determined.

In light of the records, the above fact finding and judgment of the court below are justified.

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