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(영문) 대구지방법원 2014.07.04 2013노1907
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant had been found to have been guilty of the facts charged by the victim on one occasion, the victim cannot be deemed to have suffered injury as stated in the facts charged due to the defendant's assault, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence, two years of community service order and order to attend a lecture) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant’s injury, such as the victim’s face and chests several times as indicated in the instant facts charged, and the victim’s bones and bones bones, etc., suffered by the victim, is deemed to have occurred by the Defendant’s crypt act. Therefore, this part of the Defendant’s assertion is without merit.

1) The Defendant stated at an investigative agency that he took the face of the victim at one time, and she took the eye of the victim, and she took the part of her drinking when she took the part of her drinking, and that she took the part of her drinking when she took the part of her drinking, thereby recognizing that she took part of 2nds of the victim’s shock due to her own act of assault. 2) At the court below and the investigative agency, F, who was a witness, stated to the effect that the Defendant and the victim took part in drinking several times after the Defendant took the face of the victim, and the Defendant took part in a fighting. After the fighting was completed, the Defendant took part in a fighting, and the victim took part in the bones of the victim, and she took part in the bones of the victim, and she took part in the bend and she took part in the bend.

3 The victim has a mental disorder so that he can take the face by drinking from the defendant in the court of original instance and the court of the party.

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