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(영문) 대구지방법원 2018.04.20 2017노3663
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of each of the facts charged, although the defendant alleged that he did not know that he did not know that he did not assault or inflict an injury with the victim, there is an error of law by misunderstanding the facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the court below against the defendant (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the court below on the assertion of facts (the point of each assault and bodily injury) are as follows. ① The victim entered a fishing port with the defendant et al. with the crew, and immediately reported the defendant's assault and bodily injury to the Korea Coast Guard Center and stated the damage on the day. After that investigation agency made a relatively consistent and detailed statement about each assault and bodily injury from the investigation agency to the court below, ② The victim's statement on the victim's image and bodily injury diagnosis document are consistent with the victim's statement, and in particular, it cannot be deemed that the victim's statement on the victim's image and bodily injury were caused by another person's assault, and there is no circumstance that the victim suffered bodily injury on other grounds; ③ The victim's use of the assault and bodily injury but at the time of the assault and bodily injury, the victim's use of the assault and bodily injury was reported to the Korea Coast Guard Center, and the victim was admitted from the investigation agency to the extent that the victim did not deny it on the other date or time to the court below.

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