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(영문) 대전지방법원 2016.07.06 2015노3982
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant did not inflict a bodily injury upon the victim, and instead, did not correspond to her knives from the victim.

However, the lower court found the Defendant guilty on this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year, two years of probation observation order, and one community service order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the victim was assaulted by the Defendant as stated in the facts charged.

The statement is made. The victim's statement is very concrete and believed, and the victim is seeking a preference against the defendant by mutual agreement with the defendant without recovering from damage. In light of the victim's statement or attitude, it seems that the victim does not have any motive to make a false statement unfavorable to the defendant. The victim's state at the time of the display of photographic material, the victim's image and the victim's body at the time of the display of the scene, the door of the entrance of the ward, the victim's body at the time of the occurrence of the injury to the victim's body at the time of the case. G police officers who received the report and dispatched to the university hospital at the time of the case, asked the victim's face and body, and the defendant tried to assault the victim while harming the victim.

In addition, according to the above police officer's statement and the video and recorded voice, etc. taken after the dispatch, the defendant's defense counsel is dismissed, and the defendant's defense counsel is sufficiently acknowledged, and the facts charged of this case that the defendant injured the victim are fully convicted.

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