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(영문) 서울중앙지방법원 2018.11.23 2018노2612
특수상해
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds of appeal is that the defendant misleads the victim of the fact that he had the kitchen knife from the kitchen knife to the victim in order to put the victim hot, but there is no fact that he had the victim knife by using the kitchen knife (the victim's injury is not caused by the act of the defendant, but the victim knife his knife with the knife). The punishment of the court below which was unfair in sentencing (one year of imprisonment) is too unreasonable.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts, namely, the victim sought the defendant's hand in order to use the defendant's knife and knife the victim, while reducing the knife by the defendant, and cutting the victim's knife and knife the victim's hand.

The statement was made (Evidence 42, 45 pages, 85, 86 pages of the evidence records), the victim's injury part corresponds to the victim's statement (Evidence 17, 46, 50, 51 pages of the evidence records, 86 pages of the trial records, 86 pages of the trial records), while the defendant changed the victim's knife that the victim knife himself knifes his knife (33 pages of the evidence records), the circumstances leading up to the defendant's injury alleged by the defendant, as well as the circumstances leading up to the defendant's injury alleged by the witness's statement (53 pages of the evidence records), and the victim was not found (44th page of the evidence records, the trial records, the page 91 of the trial records), and thus, the victim's injury part corresponds to the victim's statement (the victim has no credibility in the defendant's defense room [the victim becomes a knife kn's knife ".

Since her fested her "," the defendant her "self harming the victim."

1.3 Doese her fling

In light of the statement(Evidence No. 45 pages) etc., the Defendant inflicted an injury on the victim by the knives of the knife, in which the Defendant got the victim from the loss as stated in the facts charged.

A person may be determined, and the defendant threatened the victim with a knife, and the victim is knife.

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