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(영문) 대구지방법원 2017.09.01 2016노5320
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, which found the Defendant guilty of a crime, in the absence of any factual mistake that the Defendant inflicted an injury on the victim (hereinafter “the instant injury”), erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of fact and the evidence duly admitted and investigated by the trial court, i.e., the victim was the victim from the Defendant at the time five days have elapsed from the date of the occurrence of the case at the investigative agency.

When making a statement, the victim also made a statement when the defendant was accused.

that the statements are made at the same time and are made false.

It is difficult to see that E, a witness at the time, consistently from the investigative agency to the court of the court below, had the head of the victim two times in the first time and the disease was broken, but the disease was not broken at the second time, and the victim was at the time of the second time due to the illness of the victim.

In light of the fact that the statement is made and its contents are considerably specific and consistent and it is difficult to see it as false, the defendant's assertion in this part is without merit, since it is sufficiently recognized that the defendant has inflicted bodily injury as stated in its reasoning because the main part of the victim was blicked twice and several sides of the bridge are different from the victim's body.

B. The fact that the injured party does not want the punishment of the defendant, the degree of injury of the injured party is minor, and there is no record of punishment exceeding the fine, etc. is recognized as favorable circumstances, but the defendant denies the facts of the crime even up to now, and is not divided, and the head is a small-scale soldier.

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