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(영문) 창원지방법원 2018.07.19 2018노990
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Two seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not intentionally inflict an injury on the victim C, but did not make a intimidation, such as the description of the facts charged, to the victim D.

B. The sentence of the lower court that is unfair in sentencing (a prison term of eight months, confiscation) is too unreasonable.

2. Determination

A. Determination on misunderstanding of facts and misapprehension of legal principles 1) Determination on the assertion of misunderstanding of facts and misunderstanding of legal principles 1) Comprehensively admitted the evidence duly adopted and examined by the court below and the trial court, i.e., the victim C, immediately after the crime of this case, stated that “the defendant gets a knife and knife a knife” at an investigative agency (35 pages of evidence record) and 2 at the time

F also listening to the luxane of “Min, Min,” and the Defendant cited a knife on his hand.

The statement (No. 53 pages of the evidence record), 3, the defendant's physical fighting between the defendant and the victim C was put on a knife after the defendant had a knife and had a knife, and there is a high possibility that the defendant had committed an act of knife with a knife, and 4, the defendant had no intention to attack others at the time, and the above victim had been lost or flifely injured the defendant in the course of the physical fighting, then the above victim was discharged from the knife after the knife, and had no reason to escape from the defendant or make a report to the police (see, e.g., the evidence record No. 11, 53, the record of the examination of witness C of the trial court, as argued by the defendant).

Even if the defendant had a knife with the knife and had the above victim fighting for a certain period of time, he would be able to recognize the possibility of the above victim snife in the knife with the knife or the knife with the knife.

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