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(영문) 대구지방법원 2015.09.25 2015노60
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had not inflicted any injury upon the victim by cutting the victim’s timber as stated in the facts charged of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (one year of suspension of execution in April, community service, 120 hours) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) the victim has consistently made a statement from the investigative agency to the court of the lower court in conformity with the facts charged in the instant case; (ii) on March 5, 2014, the following day after the instant case occurred, the victim was issued a written diagnosis of injury due to salt and tension; and (iii) the victim does not appear to have any other circumstances than the Defendant’s assault; and (iv) the victim’s statement is credibility in light of the degree of injury as indicated in the victim’s diagnosis certificate; (iv) the Defendant was also aware of the victim’s flabing, or the victim’s flabing of the flab during the process of dispute with the victim from the investigative agency to the court of the lower court; and (v) the Defendant recognized the victim’s flabing fact less than the victim’s flading fact at the investigative agency (in the instant case’s investigation record).

B. We examine the decision on the argument of unfair sentencing, and the fact that the defendant denies the facts charged in the instant case until the end and seems not to violate his own mistake.

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