logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.08 2019노2698
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts showed a knife, but was cited in the location of the victim’s face, and did not threaten the victim, and the victim did not commit an intentional act because he/she had knife the knife with the de facto knife.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) 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 investigated by the lower court as to the assertion of mistake of facts, the Defendant may recognize the fact that the Defendant threatened the victim using a knife and inflicted an injury.

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

① At the time of the police report, the victim called “fast by kniff with a deadly weapon,” and when the police called out, the victim stated that “the Defendant fast by putting the knife with the kitchen knife and knife with the kitchen knife by hand, so that knife may not be kniff by knife with the kitchen.” While being investigated by the investigative agency, the victim made a clearly statement to the same effect that f

② immediately after the Defendant was arrested as the instant case, the Defendant sent an E message stating that “kn’s kn’s l’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn

(3) Whether the victim submitted a written application containing only the defendant's appeal against the ship's wife after agreement with the defendant at the court below, but only after the decision of the court below, the defendant "it was not erroneous by the defendant because it was an inland waterway loss."

arrow