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(영문) 대전고등법원 2018.07.13 2018노217
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In regard to the crime of special injury on January 14, 2018, the Defendant, who misleads the Defendant of the fact, did not have any intent to inflict any injury on the victim E, and only did the victim suffered any injury due to the Defendant’s negligence.

In relation to the crime of self-injury on January 21, 2018, even if the Defendant did not inflict any injury on the victim, and even if it is recognized that he did not inflict any injury on the victim, it was done by the J during resistance, and there was no intention to inflict any injury on the victim.

Nevertheless, the court below convicted all of the above special injury crimes and injury crimes, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

2) Even if it is recognized that the Defendant inflicted an injury on the victim on January 21, 2018 by misapprehending the legal doctrine, this constitutes a legitimate defense, since it was committed by a legitimate defense, since it was committed by the Defendant due to his/her unauthorized intrusion into his/her dwelling and assaulting the Defendant.

Nevertheless, the court below found the above injury guilty, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

3) The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. According to the prosecutor 1) misunderstanding of facts C’s statement from the investigative agency to the court of the original trial, the victim’s injury part, and notification of the result of appraisal on excess of the victim’s photograph, etc., the Defendant may recognize the fact that the Defendant inflicted an injury on the part above the part of C with a deadly weapon.

Nevertheless, the court below rendered a not-guilty verdict on the special injury to C, which erred by misunderstanding the fact and adversely affecting the conclusion of the judgment.

2) The sentencing of the lower court’s unfair sentencing is too uncomfortable.

2. Determination:

A. On January 14, 2018, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court as to the Defendant’s assertion of misunderstanding of facts.

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