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(영문) 대구지방법원 2018.10.19 2018노2209
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles, the Defendant merely assaulted the victim with beer disease, and did not injure the victim as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court is sufficiently recognized that the Defendant inflicted an injury on the victim due to beer as indicated in the instant facts charged, by misapprehending the legal doctrine and misapprehending the legal doctrine.

Therefore, the court below's finding the defendant guilty of the facts charged is just, and there is an error of law by misunderstanding facts and misunderstanding of legal principles.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

① On the day of the instant case, the Defendant and the victim met together at the restaurant operated by the Defendant on the day of the instant case, and the Defendant left the victim’s head due to an empty beer disease, and the victim called the Defendant’s part on the part of the restaurant. The police officers called the Defendant’s part on the part of the restaurant.

② The victim stated to the police officers who called to the scene that “the Defendant was faced with her head by beer’s disease and her head on the head’s body.” After being investigated by the police, the victim taken photographs of the teared parts due to the Defendant’s act of the above Gail.

③ In addition, the victim received medical treatment and medicine prescriptions for flag grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grat grats

④ In relation to this, the victim appeared as a witness in the court of the court below, and “The Defendant brought the beer’s disease on the day of the instant case, and brought his head two times.

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