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(영문) 춘천지방법원 2019.05.10 2018노1075
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it was true that the defendant had a knife at the time of the instant case, there was no fact that there was an injury to the victim B by knife with a knife or with a knife of the victims.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the result of the examination of evidence by this court, it is recognized that the Defendant committed a knife toward the victims, and that the Defendant was injured by the victim B’s knife.

Defendant’s assertion of mistake is not accepted.

① At an investigative agency, the Defendant recognized that he had a knife in the body of the victim B, and the lower court also acknowledged that he was injured by the victim B by a knife.

② The victim B made a statement at the investigative agency to the effect that “the Defendant had knife the knife and knife the knife on its face and knife the knife,” and the court stated that “the Defendant was affected by the knife of the knife” and “the Defendant had knife the knife with the knife and acted as the knife with the knife between the knife and the knife.”, the victim B made a concrete statement about the situation at the time of damage.

In full view of the situation at the time of the instant case acknowledged by the statement, the time when the Defendant knife the knife (as approximately five minutes), the interest situation of the Defendant, the size of the knife ( approximately 34 cm in total length, approximately 20 cm in length), the size and shape of the knife in which the Defendant was placed, etc., it is recognized that the Defendant suffered the victim from the knife of the knife.

③ The Defendant’s knife knife knife knife against a police officer called by the victim B at the time of this case.

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