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(영문) 대구지방법원 2019.01.11 2018노4102
특수상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one month of imprisonment, one month of confiscation) is too unhued and unfair.

B. Defendant 1) In contrast to the fact-finding Defendant 1’s fact-finding at the time of occurrence of a special injury or interference with business, the Defendant had excessive knife and knife at the time of the occurrence of the special injury or interference with business, but this was merely carried out in the process of discharge, and did not have been used for committing a crime, and the victim D was shouldered, but there was no intention that D had to commit an act to escape from it by blocking the Defendant from hiding the Defendant. 2) The sentence sentenced by the lower court of unfair sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on evidence duly adopted and examined by the court below, namely, (i) the defendant had excessive and knife at the time of occurrence of the special injury and interference with business; (ii) the victim D has reduced knife at the time of leaving the defendant; and (iii) D has consistently stated in the court below to the effect that "the defendant was released from the defendant's body knife and knife in the process of getting out the defendant and the elevator, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k from the defendant's.

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