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(영문) 대구지방법원 2012.10.18 2012노1907
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was guilty of the facts charged in this case, and the judgment of the court below affected the conclusion of the judgment by misunderstanding the facts, even though the Defendant was only flapsing the victim’s breath, the victim’s face was taken by drinking, or the victim was walking with a view to walking.

B. The court below’s sentence of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below, i.e., the evidence duly adopted and investigated by the court below, i.e., the victim made a statement to the effect that he was faced with the defendant as shown in the facts charged of this case relatively consistent with the investigation agency, ii) witness G made a statement to the effect that the defendant got out of the victim, she made a statement to the effect that she was exposed to the victim's face by drinking, Ha and I made a statement corresponding to the facts charged of this case, she was a witness H and I, she was the victim and neighboring residents, but she is not in a special relationship with the victim, she is not in a relationship with the victim, she made a false statement, 3) was made in accordance with the witness's argument, Ga and F, but according to the witness's statement, E appears to have been present at the scene of the crime of this case, she was not a witness of the crime of this case, and therefore, E was not a witness of this case, and there is no credibility in light of the circumstances and circumstances suggesting the defendant's credibility.

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