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(영문) 대구지방법원 2016.06.10 2015노634
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that the victim was a tree board, but there was no fact that he was drinking.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and examined, that is, the following circumstances acknowledged by the court below, i.e., ① the victim's statement made in the investigative agency and in the court of the court below as to the ship of drinking and the ship of drinking, but the victim's statement made in the investigation agency and in the court of the court below. However, the fact that drinking is consistently made; ② the defendant stated in the investigative agency that "the defendant made an accident once by accident"; ③ the victim's injury part on the left side (on the left side part) stated in the death diagnosis letter against the victim corresponds to the facts of this case, it can be sufficiently recognized.

Moreover, the Defendant recognized the fact that the Defendant was the direct cause of the instant injury, that is, when he was a tree board of the victim’s left side.

Therefore, the judgment of the court below which found the defendant guilty of inflicting bodily injury upon the victim is erroneous in the misapprehension of facts as pointed out by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

B. Although there are favorable circumstances such as the fact that the defendant recognized the defendant as a tree board the fact that the defendant had committed a crime of the same kind, the defendant has been sentenced to a fine twice due to the same crime, the fact that the defendant inflicted an injury on the victim is clear, and does not seriously reflect the fact that the defendant did not agree with the victim, the defendant's age, sex, environment, and other circumstances.

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